JUDGMENT

1. This writ petition is listed under the heading for orders for passing appropriate order in Interlocutory Application No.8737 of 2018 whereby and whereunder the petitioner has sought for a direction to amend the pleading, prayer and allow the addition of private respondent to extent as mentioned in Paragraphs 4, 6 as well as addition of prayer mentioned in Paragraph-5 of the instant interlocutory application.

2. The instant interlocutory application has been filed on the pretext that during the pendency of the writ petition, certain subsequent development has taken i.e. new body of society has been elected consisting of eight members including respondent and vice president vide order dated 25.04.2018 and therefore, the same being subsequent development the prayer for amendment of the pleading as well as prayer in the writ petition has been sought for.

3. Ms. Pooja Kumari, learned A.C. to S.C.-III, has clearly submits that the amendment sought for may be incorporated in the pleading as also the prayer to the writ petition may be allowed for proper adjudication of the issue involved in this case.

4. In view thereof and taking into consideration the aspect as has been enumerated in the interlocutory application and considering the fact that during the pendency, the election has been conducted and final result has been published by extending certificate to that effect by the competent authority on 25.04.2018, therefore, the amendment sought for is reasonable and has got direct bearing with the main prayer made in the writ petition, therefore, the same is being allowed as such the interlocutory application is treated to be the part of the writ petition.

5. Learned counsel for the petitioner has argued out the case at length on its merit, since the pleading is completed.

6. The writ petition is for quashing the order as contained in Memo No.869(6)/Ranchi dated 26.03.2018 issued by the Registrar, Cooperative Society, Ranchi, Jharkhand whereby and whereunder, in exercise of power conferred under Section 41 (1) of the Jharkhand Cooperative Society Act , one Anjani Prasad, Block Cooperative Extension Officer, Chas has been appointed as Administrator for conducting the election since according to the Registrar, Constitution of the ad-hoc Committee would incurr with financial burden upon the state exchequer and further under the provision of the amended Act, 2015, there is no provision to extend the period of ad-hoc Committee.

7. It is the case of the petitioner that the petitioner/society has been constituted after getting certificate of registration by the competent authority, a dispute arose in the society with respect to its membership which led the member of society to approach before this Court by filling a writ petition being W.P.(C) No.3019 of 2017 and 1409 of 2017, both the cases have been heard together and this Court vide order dated 06.12.2017 discussing the factual aspects in detail, has directed the respondent to conduct the election of the society on the basis of the voter list in fair and transparent manner within a period of three months from the date of receipt/production of a copy of this order.

8. The registrar being the competent authority, after the order passed by this Court in the said writ petitions vide order dated 06.12.2017 has found that the ad-hoc Committee which was constituted in pursuance to the amended provision of the Act, 1935 has lost its force after expiry of the period of six months and as such appointed Administrator, in exercise of power conferred under Section 41 (1) of the Jharkhand Cooperative Societies Act, 1935 vide order dated 23.03.2018.

The petitioner has approached to this Court by assailing the said decision of the Registrar which has been passed on 26.03.2018 (Annexure-3) inter alia on the ground that the Registrar has got no power to appoint an Administrator for conducting the election, rather he ought to have reconstituted the ad-hoc Committee in view of the provision of Jhar