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Patna High Court · body

2008 DIGILAW 1141 (PAT)

Baleshwar Paswan v. State of Bihar

2008-08-11

body2008
ORDER We heard the counsel for the parties, 2. Although the petitioner has prayed for restoration of the election process already initiated by order dated 14th February, 2008 for the election of Managing Committee (Board of Directors) of the respondent No.4-the Bihar State Scheduled Caste Co-operative Development Corporation Ltd., in our considered view, in the light of the available material, we do not deem it proper to order the restoration of the election process which was initiated on 14th February, 2008. However, the election of the Managing Committee cannot be allowed to be put in limbo for an indefinite period. More so, since now vide order dated 19th June, 2008, the Administrator has been appointed for a period of six months or until the election, whichever is earlier, in view of the exercise of the power under Section 14(10) of the Bihar Co-operative Societies Act, 1935 by the Registrar Co-operative Societies, Bihar, vide order dated 19th June, 2008, we are satisfied that the election of the Managing Committee (Board of Directors) must be completed in all respects on or before expiry of six months from 19th June, 2008. In other words, the duly elected Managing Committee must be put in place w.e.f. 19th December, 2008. 3. Keeping this in view, we dispose of the writ petition by the following order- (i) The Registrar, Co-operative Societies, Bihar shall take necessary steps including the correction of voter list for completion of election of the Managing Committee of Respondent No.4-the Bihar State Scheduled Caste Co-operative Development Corporation Ltd. on urgent basis and ensure that the election of the Managing Committee of respondent No.4-Corporation is completed in all respects by 18th December, 2008 and new Managing Committee is put in place w.e.f. 19th December, 2008; (ii) The correction of voter list and the election schedule shall be published by the Election Officer keeping in mind that the new Managing Committee (Board of Directors) is to put in place w.e.f. 19th December, 2008. 4. Writ petition is disposed of accordingly.