Judgment S. N. Jha, J. 1. A shor: but somewhat interesting question arises for decision in these two cases as to whether the election of the Chairman of a registered co-operative society can take place only after the election of the members of the managing committee is complete or it can be held simultaneously with their election. 2. Learned counsel for both sides have placed reliance on Rule 21-A of the Bihar Co-operative Societies Rules, 1959 (in short the Rules ). That rule reads as follows : "21-A. Notwithstanding any rule and bye-laws of any society the election of the members of the managing committe; officebearers there of and the delegates of the society shall be held in a special General Meeting in accordance with rule 21-B to 21-X: provided that the election of a newly registered society shall be held in the Preliminary General Meeting according to rule 20 (2) (a) to (e ). " While Mr. Ajyendu Bose laid emphasis on the use of the word thereof occurring in rule 21-A as also in sub-rule (4) of rule 21-H and proviso to rule 22 (1) submitting that it suggests the pre-existence of the committee with its members, Mr. Rana Ravidra Kumar Singh submitted that both the members of the managing committee and its office-bearers are to be elected in the special general meeting i e. by the members of the co-operative society. Therefore, in the absence of any bar express or implied their election can be held simultaneously. Counsel for the parties also referred to certain other provisions. 3. There U no dispute that a person may be elected for more than one office at a time. This is clear fron. ihe form prescribed for filing nomi- nations in Form XXlll and Rule 21-CX which in its material part provides ; "if a candidate is elected simultaneously for more than one office of the Managing Committee and/or members of the Managing committee, in that case, he shall have the option to retain one seat only and shall vacate the remaining seats of the concerned society in writing to the J lection Officer within 24 hours of the publication of the result of the election and such seat vacated by such candidate shall be filled in bj the next candidate securing the next highest vote. " Mr. Bose contended that a non-member cannot be the office-bearer. " Mr. Bose contended that a non-member cannot be the office-bearer. He, however could not point out any bur in the Bihar Co-operative Societies act or the Rules. The- provisions, in fact, suggest to the contrary. Section 2 (gg) of the Act defines the term tike-bearer of a managing committee to mean and include the Chairman, the Vice-Chairman, the Secretary, the Joint Secretary, the Treasurer or uny such functionary by whatever name he may be designated. Sec.2 (e) defines managing committee* as well fo mean the committee of management or other body to whom the management of the affairs of a registered society is entrusted It is obvious from bare perusal of thes provisions that no sooner a person is elected office-bearer of the managing unnmittee of a registered co-operative society, he becomes part and percel of the committee of mauagnient. Be-sides that it is difficult to conceive the situation in which a person eligible to seek election for the post of office-bearers of the committee as well as the Chairman of the society would successfully contest the election for the post of Chairman but would fail to Vo elected as member. 4 In the absence of any provision creating bar either express or by necessary implication, there is no Jifliculty in holding that the election of Chairman or other office-bearers of the managing committee of a registered co-operative society can be held ,,long with the election of the members of the managing committee simultaneously. 5. In C. W. J- C. No- 6723. . f 1992 the election process has already been completed. In C. W. J. C.5131 of 1992 at the time of filing of the writ petition, the election process was under-way However, it has been stated at the Bar that during the pendency of the writ petition the election process has been completed. For the aforesaid reasons, we are notable to find any fault with the election held simultaneously for the office of the Chairman of weli as the members of the managing committee. These writ petitions, accordingly, are devoid of merit and are dismissed. 6. However, dismissal of these writ petitions will not affect the merit of the election petitions, which we are told, have been filed before the competent authority. Writ petitions dismissed.