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2004 DIGILAW 457 (JHR)

Chaman Munda v. State Of Jharkhand

2004-04-28

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. It appears that Election Suit No. 1 of 2004 was initiated on the basis of a complaint petition, filed by the petitioner before the Assistant Registrar, Cooperative Societies, Hazaribagh. 3. The petitioner has challenged the order dated 19.3.2004, as contained in Annexure-9 passed by the Assistant Registrar, Co-operative Societies, Hazaribagh, whereby the Election Suit No. 1/2004 has been disposed of on the ground that the applicant, Chaman Munda (petitioner herein) has settled the dispute with the Opposite Parties and also on the ground that in the enquiry which was made on 25.2.2004, the petitioner could not establish the charges against the Opposite Parties. 4. No doubt the petitioner had filed an application earlier to the effect that he has settled the dispute with the Opposite Parties but as it appears from Annexure-7 that on 12.3.2004, he also filed an application that he does not want to compromise the matter and, therefore, the case be disposed of on merit but the Assistant Registrar rejected the application field by the petitioner on 12.3.2004, without assigning any reason and then the Assistant Registrar fixed 19.3.2004, for further hearing. 5. But as it appears from the- impugned order dated 19.3.2004, that though the petitioner was absent, the Assistant Registrar disposed of the said Election Suit based on the said compromise petition filed by the petitioner , and on the basis of the enquiry made on 25.2.2004. 6. In my view since no reason has been assigned and as such, the order as contained in Annexure-9 cannot be said to legal and valid. Accordingly, this application is allowed and the said order dated 19,3.2004, contained in Annexure-9 is hereby quashed and the matter is remitted back to the Assistant Registrar, Cooperative Societies, Hazaribagh with a direction to decide the matter on merit after notice to both the side as expeditiously as possible.