ORDER :

Anil Kumar Sinha, J.

The present writ petition has been filed for quashing the Letter No. 2824, dated 10.10.2025, issued by the Joint Secretary, Bihar State Election Authority, whereby the process of preparation of voters’ list for election to the post of Chairman of Motihari District Central Co-operative Bank Ltd. was initiated and further prayed for restraining the respondents from proceeding with the election process.

2. I. A. No. 01 of 2025 has been filed by the petitioner seeking amendment in the relief portion of the main writ petition, which are as follow:

(i) For quashing Memo No. 3176, dated 10.12.2025, issued by the Joint Secretary, Bihar State Election Authority and for restraining the Bihar State Election Authority from proceeding in terms of the impugned notification and to act in accordance with the resolution of the Board of Directors, dated 25.11.2025, passed vide Proposal No. 12, whereby the post of Chairman has been filled by nomination by Board of Directors.

(ii) It is further prayed for directing the Bihar State Election Authority to refer the matter under Section 48 of the Bihar Co-operative Societies Act, 1935, to the Registrar, Co- operative Societies, regarding the alleged vacancy of the post of Chairman of Motihari District Central Co-operative Bank Ltd.

3. Considering the nature of prayer made in the interlocutory application, the same is allowed and the prayer will form part of the main writ petition.

4. The factual matrix of the case, in brief, is that, the election to the Managing Committee of the Motihari District Central Co-operative Bank Ltd. (hereinafter referred to as ‘the Central Co-operative Bank’) was held on 13.04.2023 for statutory tenure of five years, which was to be completed on 13.04.2028. In the said election, Sri Sudarshan Prasad Singh was duly elected as the Chairman of the Managing Committee. Unfortunately, the elected Chairman died on 05.11.2024, i.e. just after one and a half years of his election as the Chairman of the Managing Committee. His death resulted in creation of vacancy of the Chairman of the Managing Committee when more than half of the original tenure of the Board was still remaining.

5. Thereafter, the Board of Directors of the Central Co-operative Bank, in its meeting held on 18.12.2024, vide Resolution No. 8, unanimously resolved to fill up the vacant post of Chairman of the Managing Committee through by- election invoking the provisions of second proviso to Section 14 (9) of the Bihar Co-operative Societies Act, 1935 (in short, ‘the 1935 Act’) and authorized the Managing Director to take all necessary steps in that regard.

6. However, despite such authorization, the Managing Director forwarded the said proposal, along with the relevant records, to the District Co-operative Officer -cum- Competent Authority, East Champaran, Motihari, after expiry of four months, on 19.04.2025, vide Letter No. 52.

7. The expenses for the election were thereafter deposited in accordance with the provisions of the Bihar Co- operative Societies Rules, 1959 (in short, ‘the 1959 Rules’), and the District Co-operative Officer forwarded the proposal for holding the by-election to the Bihar State Election Authority on 24.04.2025.

8. Upon receipt of the said proposal, the Joint Secretary, Bihar State Election Authority issued notification, vide Letter No. 1815, dated 22.05.2025, for preparation of the voters’ list and fixed 16.06.2025 as the date for final publication of the voters’ list on the basis of cut-off date 30.04.2025.

9. After publication of the final voters’ list, a writ petition, bearing C.W.J.C. No. 10116 of 2025 was filed before this Court challenging the said voters’ list. The writ petition was disposed, vide order, dated 08.07.2025, granting liberty to the petitioners therein to file representation before the Bihar State Election Authority and directing the Bihar State Election Authority to decide the same by a reasoned and speaking order within three months from the date of fi