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2012 DIGILAW 1346 (PAT)

Shailendra Kumar v. Union of India

2012-09-21

SHIVA KIRTI SINGH, SHIVAJI PANDEY

body2012
ORAL ORDER SHIVA KIRTI SINGH, J. Heard learned counsel for the appellants and learned counsel for the State of Bihar and its officials i.e. respondents no.4, 5 and 6 and also learned counsel for the Union of India. 2. The writ petition preferred by the appellants bearing CWJC No.12691 of 2012 has been disposed of by a short order whereby Joint Registrar, respondent no.6, has been directed to ensure publication of notice regarding election of Bihar State Industrial Cooperative Federation Limited in the Patna edition of newspaper- ‘Aaj’. To enable the completion of such exercise, the election fixed for 7.9.2012 was extended by 15 days. As per revised notice in Patna edition of ‘Aaj’, the election is scheduled for 22nd September, 2012. 3. A serious grievance has been raised on behalf of the appellants that the members of the Federation, who are to be voters for the said election, were given no opportunity to peruse the voters list and file objection with respect to the same. According to appellants, the claim of the other side that such opportunity was granted by publication of notice along with list of voters in the Hindi daily ‘Aaj’ dated 22nd July, 2012 is based upon fraud inasmuch as according to appellants, no such notice was published at page 5 of the issue dated 22nd July, 2012 of Hindi daily ‘Aaj’. In support of said plea a copy of complete issue dated 22nd July, 2012 was produced before us. This claim has been supported by referring to averments in the supplementary affidavit (IA No.5598 of 2012) filed in the writ proceeding. According to averments in the said IA, Annexure-5 is a photo copy of Daily newspaper of ‘Aaj’ dated 22nd July, 2012, which is alleged to be forged. The grievance of the appellants is that the Writ Court failed to take note of and discuss the averments and materials in IA No.5598 of 2012. 4. Learned counsel for the State submits on instructions of Mr Pratyush Kiran, Manager of the Federation that Mr Kiran had got concerned notice published in the issue of Hindi daily ‘Aaj’ dated 22nd July, 2012. In support of the same a copy of the complete issue of ‘Aaj’ of that date has been produced before us. 5. On comparison we find that page 5 of the two issues differ whereas all other pages and their contents are same. In support of the same a copy of the complete issue of ‘Aaj’ of that date has been produced before us. 5. On comparison we find that page 5 of the two issues differ whereas all other pages and their contents are same. In the copy produced on behalf of the appellants, page 5 does not contain the relevant notice containing list of members/voters and invitation of objections. On the other hand in the issue furnished on behalf of Mr Pratyush Kiran, the said notice is located at page 5. 6. An enquiry or investigation may be necessary to determine the fact which of the copies was actually published by the Hindi daily ‘Aaj’ in issue dated 22nd July, 2012 in its Patna edition. We direct the Registrar, Cooperative Societies, Bihar to get the matter inquired into expeditiously either through officers of the Department or through any other suitable agency under his supervision and submit a report to this Court within 10 days. The appellants should appear with a copy of this order before the Registrar, Cooperative Societies, Bihar by 25th September, 2012. Mr Pratyush Kiran is also directed to appear before the Registrar along with a copy of the newspaper by the same date. 7. Since granting an opportunity to object to voters list is an important matter and affects valuable rights of the members or voters and there is a serious dispute whether such opportunity was granted or not, we are of the view that the election scheduled to be held tomorrow should be postponed for the time being. We direct accordingly. The election to be held tomorrow should be postponed and fresh date for the same shall abide by further orders in this case. 8. Let a copy of this order be furnished to learned GA 7 for communication to the Registrar, Cooperative Societies, Bihar for compliance. Learned State counsel shall inform the Returning Officer today by telephone so that he may comply with the order in respect of postponement of the election scheduled for tomorrow. 9. List the matter under the heading ‘Admission I’ after ten days.