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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Anish Patel, Son of Laxman Singh – Appellant
Versus
State of Bihar, through The Chief Secretary, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. challenge to superseding the pacs committee. (Para 2 , 3 , 4 , 5 , 6) |
| 2. time limitation for appealing under cooperative law. (Para 7 , 8) |
| 3. registrar's power to dissolve managing committee. (Para 9 , 10) |
| 4. writ petition allowed, order stayed. (Para 11 , 12) |
JUDGMENT :
Anshuman, J.
Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the present writ petition has been filed challenging the order contained in Memo No. 604 dated 26.04.2025 issued by the District Cooperative Officer, Kaimur at Bhabua, whereby and whereunder the Managing Committee of the Manihari Primary Agriculture Credit Society (PACS), Block-Bhabua, has been superseded without following due process of law and further prays for issuance of direction to act in terms of the law laid down in this Hon'ble Court passed in CWJC No. 15746 of 2022 with a further direction not to proceed with the impugned order.
3. Counsel for the petitioner further submits that the election to the Managing Committee of the PACS was held on 27.11.2024 and result was declared on 28.11.2024 in accordance with the notification issued by the Election Authority.
The court held that actions affecting the governance of cooperative societies require due process, allowing for a revision of superseding decisions rather than direct appeals under the relevant statu....
The authority's power to supersede a Co-operative Society Managing Committee is limited to specific conditions under the Bihar Co-operative Societies Act, 1935.
The central legal point established in the judgment is the requirement to ascertain the facts and vacancy position before invoking Section 41(5) of the Co-operative Societies Act, and the authority o....
The central legal point established in the judgment is the requirement to provide an opportunity of hearing to the affected parties before passing any order with civil consequences.
Court affirmed that statutory provisions regarding election timelines for Cooperative Committees are mandatory, with no discretion for delay. Proper procedures were followed in appointing an Administ....
Point of law : Section 74 of the Societies Act mandates that only elected members shall be entitled to be the members of the Managing Committee. Hence, the constitution of the Managing Committee cons....
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