IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18676 of 2025 ======================================================

Arun Kumar Singh son of Shiv Shankar Singh, Resident of Village- Siripur, Police Station - Ghorasahan, District- East Chamaparan at Motihari.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Department of Cooperative Society, Govt. of Bihar, Patna.

2. The Principal Secretary, Cooperative Department, New Secretariat, Bihar, Patna.

3. The Registrar, Cooperative Societies, Bihar, Patna.

4. The Bihar State Election Authority, Harding Road, Patna through its Secretary.

5. The District Magistrate, East Champaran, at Motihari.

6. The District Cooperative Officer, East Champaran, at Motihari.

7. The Motihari Central Cooperative Bank, Motihari through its Managing Director.

8. The Managing Director, the Motihari Central Cooperative Bank, Motihari.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Y. V. Giri, Sr. Adv.

Mr.Sanjay Kumar For the State : Mr. Birju Prasad, GP 13 Ms. Shweta Anand, AC to GP 13 For respondent no. 4 : Mr. Mukesh Kumar Thakur For the intervenor : Mr. Vikash Kumar Singh For the Bank : Mr. Bindhyachal Rai ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 12-01-2026 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,