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2025 Supreme(Online)(Pat) 2038
PATNA HIGH COURT
A. Abhishek Reddy, J
Tanajim Ahamad & Ors. – Appellant
Versus
The State of Bihar & Ors. – Respondent
Civil Writ Jurisdiction Case No.19975 of 2025
For the Appellants/Petitioners: Mr. Rakesh Kumar Jha
For the Respondents: Mr. Standing Counsel (21)
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.
Headnote:The petitioners, elected members of the Manuar Primary Agriculture Credit Co-operative Societies Ltd., challenge the supersession of their Managing Committee by the authority, alleging violations of the Bihar Co-operative Societies Act, 1935, particularly Section 44 BF, which stipulates conditions for such action. The court finds that the authority acted outside its powers, as the elections were claimed by the petitioners to have been valid. It stays the impugned orders pending further examination. The final ruling orders the matter to be posted for hearing on 05.02.2026.
| Table of Content |
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| 1. authority's grounds for supersession violated specific legal provisions. (Para 4) |
| 2. orders stayed; matter scheduled for future hearing. (Para 5 , 6) |
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER
2 10-12-2025 Learned counsel for the petitioner is directed to take out notice to the respondent Nos. 7 & 8 on the correct address through ordinary post and also through registered cover with A/D on filing of requisite etc. within two weeks.
2. Learned counsel appearing on behalf of the respondent-State as well as the respondent-Election Authority seeks time for filing counter-affidavit.
3. Learned counsel for the petitioner submits that the petitioners are elected members of the respondent No. 7 herein (Manuar Primary Agriculture Credit Co-operative Societies Ltd. (PACS)) and they have been validly elected on 30.11.2024. That by virtue of the impugned order passed by the authority, the Managing Committee and the Society is superseded and an administrator is appointed to look after the affairs of the Society. Learned counsel submits that the authority has passed the impugned order in violation of the provisions contained in the Bihar Co-operative Societies Act, 1935 , more particularly, Section 44 BF . Learned counsel submits that the authority can supersede the managing committee of the Co-operative Society only under the following conditions.
“(a) if a society incurs losses for three consecutive years, or (b) if serious financial irregularities or frauds have been identified, or (c) if there are judicial directives to this effect, or (d) if there is lack of quorum for three consecutive meetings.”
4. Further, learned counsel has relied on the judgment of the Division Bench in the case of Vijay Kumar Mishra and anr. vs. The State of Bihar and others reported in 1989 PLJR 846 wherein, this Hon’ble Court has held that the Managing Committee of the Society can be superseded only by way of an election petition or under the provisions of the Section 44 BF of the Act. However, in this case, the authority solely on the ground that the elections held were not in accordance with law has superseded the Society and the Managing Committee of the Society which is per se illegal, bad, arbitrary and legally not permissible.
5. Having regard to the above made submission, the impugned orders dated 30.10.2025 & 26.11.2025 (Annexure-
P/6 & P/7) are stayed until further orders.
6. Registry is directed to provide a translated copy of Annexure-P/6 & P/7.
7. Post this matter on 05.02.2026.
(A. Abhishek Reddy, J)
