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2012 DIGILAW 704 (PAT)

Ramzan Ansari Md. Yar Ansari v. State of Bihar

2012-05-01

SAMARENDRA PRATAP SINGH

body2012
ORDER 1. It surprises no more to note that democratic functioning which is hallmark of cooperative movement based on principle of self help is more an exception than the general rule, when it comes to functioning of Bihar State Cooperative Marketing Union (in short BISCOMAUN), one of the premier Apex Cooperative Societies registered under the Cooperative Societies Act, 1935. In the preceding quarter century, the functioning of BISCOMAUN for a major period has been in hands of different Administrators appointed by the Registrar, Cooperative Department and continues to be, as such this writ application. 2. The petitioners, who are elected delegates have filed this writ application for; (a) restoring its democratic functioning and directions to the respondents to have the Managing Committee/Board of Directors of BISCOMAUN constituted through election on the basis of list of primary delegates elected on 12.4.2008 and to complete the election process initiated on 3.3.2008 (Annexure-1); (b) For declaring the order dated 10.10.2011(Annexure-8) of the Registrar, Cooperative Societies by which an Administrator has been appointed in exercise of powers under section 41(10) of the Bihar Cooperative Societies Act as ultra vires section 14A(4) as well as being violative of order dated 23.9.2011 passed by the Division Bench in C.W.J.C. No.7581 of 2008. 3. Before I take up the grounds on which the reliefs have been founded, it would be necessary to notice the facts of the case in brief: (i) The BISCOMAUN is an Apex Cooperative Society registered under the Bihar Cooperative Societies Act, 1935 and conducts its business on principle of self cooperation in accordance with the provisions of the Act, Rules framed thereunder and its own registered bye-laws. The management of the BISCOMAUN vests in 17 members Managing Committee or Board of Directors duly elected from collegiums of delegates from Primary Agricultural Cooperative Society (in short PACS), Vyapar Mandal Sahyog Samiti (in short Vyapar Mandal), Cooperative Developing Marketing Union (in short CDMU) etc. Three of the members are nominated by State Government. The BISCOMAUN was under supersession for about 15 years from August 1988 to 28.5.2003 and it was only on the intervention of the High Court that special General meeting/election of the BISCOMAUN was held on 29.5.2003. Three of the members are nominated by State Government. The BISCOMAUN was under supersession for about 15 years from August 1988 to 28.5.2003 and it was only on the intervention of the High Court that special General meeting/election of the BISCOMAUN was held on 29.5.2003. As the term of the elected Board was to expire after five years on 28.5.2008, the Registrar, Cooperative Societies by his order contained under memo no.1375 dated 3.3.2008 initiated election process for electing a new Board of Directors by appointing election officer/alternate election officer in its detailed election programme contained in Annexure-1. (ii) The election in the BISCOMAUN unlike other cooperative bodies are in two phases. The first phase comprises of election of primary delegates from PACS, Vyapar Mandal and CDCM. These delegates in turn would elect 13 members for constituting Managing Committee or Board of Directors of BISCOMAUN. The first tier of this two tier election was already conducted on 12.4.2008 and 188 delegates in all were elected to participate in general meeting for electing the members of the Board of Directors. The date for filing nomination papers was 12.5.2008 and the date for Annual General meeting was 24.5.2008. A copy of list of delegates is marked as Annexure-2. (iii) Just after finalization of primary delegates on 12.4.2008 and before filing of nomination on 12.5.2008, the Bihar Legislature brought amendment in section 14 of Act,1935 vide Bihar Cooperative Societies (Amendment) Act, 2008 (in short Bihar Act 18 of 2008) which came into effect on 30.4.2008. Section 14A-1 to Section 14A-6 were added to Section 14. A notification dated 1.5.2008 (Annexure-9) was issued by government under section 14A-1 of the Amending Act notifying that an election to the Board of certain types of Cooperative Societies including BISCOMAUN shall be conducted by the election authority created under the Bihar State Election Authority Act, 2008 (Bihar Act 14 of 2008). On the same day i.e. 1.5.2008 (Annexure-10) an order was issued by the Registrar, Cooperative Societies staying the process of election of BISCOMAUN alone with immediate effect. (iv) The vires of section 14A inserted by section 5 of the Amending Act 18/08 as well as government notification dated 1.5.2008 (Annexure-9) and order dated 1.5.2008 (Annexure-10) issued by the Registrar, Cooperative Societies were challenged in C.W.J.C.No.7581 of 2008 (Ramzan Ansari & Ors Vs State of Bihar & ors). (iv) The vires of section 14A inserted by section 5 of the Amending Act 18/08 as well as government notification dated 1.5.2008 (Annexure-9) and order dated 1.5.2008 (Annexure-10) issued by the Registrar, Cooperative Societies were challenged in C.W.J.C.No.7581 of 2008 (Ramzan Ansari & Ors Vs State of Bihar & ors). The order dated 1.5.2008 of Registrar, Cooperative Society staying the on going election of BISCOMAUN was stayed by a Division Bench of this court on 9.5.2008(Annexure-3). The Registrar, Cooperative Societies again issued another order on 9.5.2008 staying the election process which too was challenged in I.A. No.2893 of 2008. The Division Bench of this court again vide its order dated 15.5.2008 (Annexure-4) passed in I.A. No.2893 of 2008 stayed the order of Registrar observing that it was not permissible to curtail the election process till such time the State Election Authority became functional. On 30.6.2008 (Annexure-5) the writ petition was admitted and the Registrar, Cooperative Societies was permitted to go ahead with the election to complete the election of the Board of Directors of the BISCOMAUN which have not taken place as yet. The relevant part of the order is quoted hereinbelow: “Until further order, the Registrar, Cooperative Societies, Bihar, Patna is permitted to go ahead with the election of the Managing Committee (Board of Directors) of respondent no.6. The Bihar State Cooperative Marketing Union Ltd.,(BISCOMAUN), Patna pursuant to the order dated 3rd March, 2008 (Annexure-1). It is clarified that such election shall be subject to the final decision in the writ petition”. (v) The term of the elected Board was till 28.5.2008, the Board continued to function in view of the amended provision of sub-section (4) of section 14A of the Act. But despite the order dated 30.6.2008 passed by the Division Bench of this court (Annexure-5), the Registrar, Cooperative Societies failed to complete the election of Board of Directors. An I.A. No.6412 of 2008 was filed with a prayer to direct the Registrar, Cooperative Societies to notify the election programme to hold special general meeting for the election of Chairman and members of Board of Directors of BISCOMAUN. The I.A. No.6412 of 2008 was heard and disposed of vide order dated 2.2.2009, the operative operation of which is quoted hereinbelow: “In the result, I.A. No.6412 of 2008 is dismissed. The I.A. No.6412 of 2008 was heard and disposed of vide order dated 2.2.2009, the operative operation of which is quoted hereinbelow: “In the result, I.A. No.6412 of 2008 is dismissed. The entire range of elections from the primary level to that of the apex body (BISCOMAUN) shall be conducted as per the provisions of the amending Act and the Election Act. The Election Authority is hereby reminded of the time-frame engrafted in section 14(A)(3) of the Act. It is made clear that we have thoughtfully considered the entire conspectus of the matter including the three orders of this court passed earlier. We make it clear that, in case of any inconsistency, doubt or difficulty, the present order should Pro Tanto be take to have modified the earlier order(s) of this court”. (vi) Being aggrieved by the aforesaid order dated 2.2.2009, S.L.P. (Civil) No.19705 of 2008 was filed before the Hon’ble Supreme Court which was disposed of vide order dated 7.2.2011 with a request to the High Court to dispose of the writ petition without being influenced by the order dated 2.2.2009 passed in I.A. No.6412 of 2008. (vii) The writ petition bearing C.W.J.C. No.7581 of 2008 was heard analogous with other similar cases and were disposed of 23.9.2011 setting aside sub-section (1) of section 14A of the Act, 1935 in so far as it empowered the government to bring the election of the Managing Committee of a class or classes of registered societies within the purview of the authority created for the purpose by notification in the official gazette as unconstitutional. The learned Division Bench quashed the impugned notification dated 1.5.2008 issued by the State Government and the impugned order dated 1.5.2008 and 9.5.2008 passed by the Registrar, Cooperative Societies. The operative portion of the order is quoted hereinbelow: “In view of the above discussion, we set aside sub-section (1) of Section 14A of the Act of 1935 in so far as it empowers the Government to bring the election of the Managing Committee of a class or classes of registered societies within the purview of the authority created for the purpose by notification in the official gazette as unconstitutional. Consequently, the impugned notification dated 1st May, 2008 issued by the State Government and the impugned orders dated 1st May 2008 and 9th May 2008 made by the Registrar, Co-operative Societies, Bihar was quashed and set aside. Consequently, the impugned notification dated 1st May, 2008 issued by the State Government and the impugned orders dated 1st May 2008 and 9th May 2008 made by the Registrar, Co-operative Societies, Bihar was quashed and set aside. The writ petition stand allowed to the aforesaid extent only. Interlocutory application stands disposed of”. (viii) Thereafter one of the petitioners of C.W.J.C.No.7581 of 2008 namely Vakil Prasad Yadav filed an application on 7.10.2011 before the Registrar, Cooperative Society with a prayer to reconvene the special general meeting by issuing a fresh programme so that the Board of Directors of BISCOMAUN can be constituted. However, the Registrar, Cooperative Society vide his order dated 10.10.2011 (Annexure-8) appointed an Administrator under section 41(10) of the Act on the ground that its term has already expired. In the order it was observed that the government notification dated 1.5.2008 bringing a classes of registered society for election under the Amended Act of 2008 has been set aside, the Board of Directors of Managing Committee of BISCOMAUN cannot continue to function under section 14A(4) as it was dependent upon issuance of notification under section 14A(1) which has been quashed. Section 14A of act of 1935 inserted vide Bihar Amending Act 18 of 2008 as incorporated in Division Bench Judgment dated 23.9.2011 (Annexure-3) is quoted hereinbelow: “14A. Election to the managing committee of certain registered societies- (1) The Government may by notification in the official gazette prescribe that election to the managing committee of a class or classes of registered societies shall be conducted by an authority, by whatever name such an authority may be known, created for the purpose of conduct of election to the managing committee of registered societies under this Act and/or for any other body, organization, committee etc. and in the manner prescribed for the conduct of election by such authority; (2) Notwithstanding any thing contained in any provision of this Act, rules made there under and bye laws of a registered society, the election to the managing committee of such class or classes of registered societies notified under sub-section (1), shall, after the date of such notification, be held in terms of the provision of this section, even if the process of election has commenced but the result of such election has not been declared prior to that date. (3) Notwithstanding anything contained in sub-section (9) of section-14 of this Act, rules made there under and the bye laws of a registered society, the election to the managing committee of the class or classes of registered societies notified under sub-section (1) shall be held within six months from the date of such notification which may further be extended for a period of six months. (4) Notwithstanding anything contained in sub-section (9) of Section-14 of this Act, rules made thereunder and the bye laws of a registered society, if the term of the Managing Committee of such registered societies notified under sub-section (1) expires after the notification under that sub-section, shall get extended till such time the Managing Committee is constituted after elections in terms of the provision contained in that sub-section. (5) xx xx xx xx (6) xx xx xx xx 4. Section 14A (4) underwent amendment on 12.5.2009 and finally it was deleted by Bihar State Cooperative Societies (Amendment) Act, 2011 vide Act 4/09. Section 14A(4) as amended in 2009 reads as follows: “14A(4)- Notwithstanding anything contained in sub-section (9) of the section-14 of this Act, Rules made there under and the bye laws of the registered society, the election of the Managing Committee of class or classes of the registered societies notified under sub-section (1) shall be held within six months from the date of such notification and which may further be extended with due reason for a term of six months at a time but not exceeding two years from the date of first publication of such notification in the Original Gazette”. 5. The petitioners have challenged the order dated 10.10.2011 of the Registrar, Cooperative Societies on 10.10.2011 appointing an Administrator under section 14(10) of the 1935 Act as the term of managing committee has expired under section 14(9) of 1935 Act. They have also sought direction for holding election at the earliest from the stage where it was withheld as the orders staying the election dated 1.5.2008 and 9.5.2008 contained in Annexures-10 and 11 were quashed by the Division Bench on 23.9.2011. 6. Mr. Y.V. Giri, learned Senior Counsel appearing for the petitioners submits that the election of BISCOMAUN is in two tier. He submits that 1st phase of 2 tier election was completed on 12.04.2008 and delegates (188 in numbers) for constituting Managing committee were elected. 6. Mr. Y.V. Giri, learned Senior Counsel appearing for the petitioners submits that the election of BISCOMAUN is in two tier. He submits that 1st phase of 2 tier election was completed on 12.04.2008 and delegates (188 in numbers) for constituting Managing committee were elected. The Managing Committee was slated to be constituted as per election programme on 24.05.2008, as per the election notification initiated, on 03.03.2008. In between the Government under Section 14 A-1, issued notification dated 01.05.2008 (Annexure-9) stating that election of certain class of co-operative Societies including BISCOMAUN would be conducted through State Election Authority created under State Election Authority Act, 2008. Simultaneously the Registrar vide order dated 01.05.2008 and 09.05.2008 stayed the ongoing process of election of BISCOMAN. He next submits that as the order dated 1.5.2008 and 9.5.2008, contained in Annexures-10 and 11 made by the Registrar, Cooperative Societies, Bihar staying the election of BISCOMAUN has been quashed and set aside by order dated 23.9.2011 passed in C.W.J.C.No.7581 of 2008 and its analogous cases, the obvious corollary would be that the election process would proceed from the stage it was halted and the entire election process would not start denovo. In other words, the delegates already elected would proceed from the stage the election process was halted to constitute the Managing Committee. In support of their submissions, the petitioners have relied upon decisions of learned Single Judge of this court in the case of Rameshwar Singh Vs State of Bihar & Ors, reported in 1993 BLJ (1) 210. 7. On the other hand, Mr. Lalit Kishore, learned Addl. Advocate General No.1 appearing for the State submits that the relief no.1 which was already prayed in C.W.J.C. No.7581 of 2008 has not been specifically granted and as such the petitioners would not be entitled for the same. 7. On the other hand, Mr. Lalit Kishore, learned Addl. Advocate General No.1 appearing for the State submits that the relief no.1 which was already prayed in C.W.J.C. No.7581 of 2008 has not been specifically granted and as such the petitioners would not be entitled for the same. He next submits that election cannot proceed from the stage it was halted in view of structural changes envisaged in PACS, Vypar Mandal in view of incorporation of section 44AQ vide 2008 amendment in Cooperative Societies Act which is quoted hereinbelow: “44AQ (2)(a) In order to achieve the objective of this Act, to bring uniformity in the operation of the societies under this Chapter, to enhance their strength and usefulness and to make them viable for the purpose of development of agriculture, the area of a Primary Agriculture Credit Society shall be co-terminus with that of a panchayat and there will be only one such society in each panchayat. (b) Notwithstanding anything to the contrary contained in this Act, if the area of a Primary Agriculture Credit Society is found not to be that of a panchayat as provided under sub-clause (a) of this sub-section, the Registrar or an officer authorized by Registrar to act on his behalf, who shall not be below the rank of Assistant Registrar, may order for reorganization including amalgamation or division of one or more such societies as the case may be and register the new society/societies after such reorganization. (3) Notwithstanding anything contrary in this Act, the society or societies which are reorganized under sub-section (2) along with its Managing Committee shall be deemed to have been dissolved and shall cease to exist from the date of registration of the new society/societies under sub-section (2) and the membership of such registered society shall stand transferred to the respective primary agriculture credit society created for the panchayat to which such members belong after reorganization under sub-section (2) and all the assets and liabilities thereof shall get divided/distributed amongst the new society/societies in the manner prescribed by the Registrar/Government; Provided that the State Govt. may from time to time, declare a moratorium on the liabilities of the new society/societies created under sub-section (2) of this Section.” (4)(a) Notwithstanding anything contrary in this Act, upon the reorganization of societies under sub-section (2) of this Section and establishment of new society/societies under sub-section (3) of this section, the Registrar/Government shall constitute or provide for constitution of an ad hoc Managing Committee for the purposes of managing the affairs of the new society/societies till such time as a new Managing Committee is constituted after elections under the provisions of this Act and the ad hoc managing committee so constituted shall exercise such powers and perform such functions as may be prescribed. (b) Notwithstanding anything contrary in this Act, upon the constitution of the new Managing Committee after elections under clause (a), the Managing Committee of all such affiliating societies of which a primary agriculture credit society is a member or federation of such affiliating societies, shall be reconstituted, as per provisions contained in this Act for constitution of the Managing Committee of such societies.” 8. Elaborating his submissions, learned Additional Advocate General submits that PACS, Vyapar Mandal, Vyapar Mandal Sahyog Samiti (VMSS) has been re-organized in view of 2008 amendment and the area of PACS, VMSS which form collegiums of BISCOMAUN has been made co-terminus with that of Panchayat and block respectively. Earlier the area of PACS or VMSS was not necessarily co-terminus with the area of Panchayat and Block as in certain areas there were two or more PACS for one Panchayat and two or more VMSS for one Block. In view of the structural change brought about by 2008 Amendment, the number of VMSS would be 521 in 2008 as against 391 existing prior to that. Similarly, the number of PACS has increased to 8463 which was 5965 in 2008. The representatives of re-organized PACS and VMSS are not then in the list of delegates finalized on 12.4.2008 and as such election of Managing Committee of Board of Directors on the basis of earlier representations prior to May 2008 would not be legal. 9. Learned counsel further submits that Bihar Cooperative Rules, 1959 was also amended about in 2008. The provisions regarding delegates and their election have been amended by insertion of Rule 20 A(a) and (c) vide notification no.7340 dated26.11.2008. 9. Learned counsel further submits that Bihar Cooperative Rules, 1959 was also amended about in 2008. The provisions regarding delegates and their election have been amended by insertion of Rule 20 A(a) and (c) vide notification no.7340 dated26.11.2008. The definition of delegate to the affiliated Society was also amended to make Chairman of the Society the delegate for the Society to the affiliated body. 10. I have heard counsel for the parties. 11. The petitioners have prayed for convening a Annual General Meeting for the purposes of constitution of the Managing Committee/Board of Directors of the BISCOMAUN and consequently to quash the order dated 10.10.2011 whereby an Administrator has been appointed to discharge the function of the Society. In view of the preamble of the Act, 1935 which provide for consolidation of Cooperative Society on larger principle of cooperation based on principle of help and mutual cooperation, the relief prayed for has to be granted. The provisions of the Act also lean in favour of a Cooperative Society being run by a democratically elected body. Section 14 states that the registered Cooperative Society would have its own Managing Committee. Section 14(9) states that the term of members and office bearers of a Managing Committee of registered society shall not exceed five years from the date of election. Section 14(10) of the Act mandates that election of the Managing Committee should be held within six months from the date of expiry of the terms of the earlier Managing Committee. If for special circumstances the election of the members and the office bearers cannot be held within six months, the time frame can be extended by further three months. Even when a Managing Committee is suspended and superseded under section 41(1) and 41(2) of the Act on basis of allegation, the election is to be conducted within nine months. As per Section 14 A-3 election of Managing Committee it to be completed within one year. Even as per section 14A(4) inserted by 2008 Amendment (Bihar Act 18 of 2008), the election has to be conducted within six months, which for reasons specified can be extended by another six months which period is not to exceed two years in any case. However, this provision stands deleted vide 2011 amendment. The term of the outgoing Managing Committee had expired in May, 2008. However, this provision stands deleted vide 2011 amendment. The term of the outgoing Managing Committee had expired in May, 2008. Thus, it is evident that the Act mandates whether it is a case where the tenure of the Committee has come to an end under Section 14 (9) or where a Committee is superseded on allegations under Section 41 (1) and (2) the fresh election is to be conducted within six to twelve months at the maximum and I Hold accordingly. 12. The term of the out going Managing Committee expired in May, 2008. In the circumstances, I direct the respondents to complete the election within a period of three months from the date of receipt/production of a copy of this order. 13. Now the next two issues is (i) whether the election is to be conducted under the old Authority or under the supervision of State Election Authority created under State Election Authority Act, 2008. (ii) Simultaneously would be the issue whether the election is to be continued from the stage where it was left or it has to begun all over afresh. 14. I will take issue no.(i) first. On 23.4.2008 the Legislature enacted the Bihar State Election Authority Act, 2008 with an object and purpose to provide, in public interest, a mechanism and procedure for holding election of those bodies which inter alia includes Cooperative Societies. Section 3 of the said Act confers power on the State Government to constitute an Election Authority to conduct election of any Managing Committee in the manner prescribed in the Act and the Rules. Section 14A states that the government by notification in the official gazette may prescribe that the election to the Managing Committee of a class or classes of registered society shall be conducted by an authority by whatever name such an authority may be known. The State Government by virtue of sub-section (1) of section 3 of State Election Authority Act, 2008 notified State Election Authority as the authority. The Division Bench has upheld the constitution of State Election Authority for conducting the election of registered society. The petitioners too conscious of Division Bench decision, do not offer any serious opposition that further election is to be conducted under the supervision of State Election authority. The Division Bench has upheld the constitution of State Election Authority for conducting the election of registered society. The petitioners too conscious of Division Bench decision, do not offer any serious opposition that further election is to be conducted under the supervision of State Election authority. The Division Bench, however, has declared sub section (1) of section 14A of the Act,2008 ultra vires so far as it confers power upon the government to bring a class or classes of registered society within the purview of that section in official gazette. The Division Bench also quashed Annexure-9 by which the State Government notified to hold election of 7 categories of Cooperative Societies in all, including BISCOMAUN by Election Authority. The State Government has made amends and issued notification dated 1.3.2012 stating that the election of the Managing Committee of Cooperative Societies in general registered under the Cooperative Societies Act would be conducted by the Bihar State Election Authority constituted under the provisions of the Bihar State Election Authorities Act, 2008. A copy of the notification has already been taken on record vide order dated 18.4.2012. Thus, it is evident that the State Election authority which has become functional would conduct the election of the Cooperative Societies. Issue No.(ii) 15. Now the vital issue remains whether the election is to continued from the stage from where it was halted or whether it has to start afresh for election to the BISCOMAUN. As noticed earlier election of BISCOMAUN is in two phases. In the first phase of election the primary delegates are elected from the PACS, Vyapar Mandal, CDMU which part was already completed on 12.4.2008 in which 188 delegates were elected. In the second phase these 188 delegates were to elect 14 members of the 17 members that would constitute the Managing Committee which part was to take place on 24.5.2008 in the Annual General Meeting. 16. It was on account of stay order dated 1.5.2008 and 9.5.2008 passed by the Registrar, Cooperative Societies that on going election process was stayed. Had these orders not been passed, the process of election would have proceeded. The Division Bench of this court while admitting the case on 30.6.2008 had permitted the Registrar, Cooperative Societies to go ahead with the process of electing managing committee/Board of Directors of Respondent no.6 pursuant to order dated 3.3.2008 (Annexure-1) whereby the process of election was initiated. Had these orders not been passed, the process of election would have proceeded. The Division Bench of this court while admitting the case on 30.6.2008 had permitted the Registrar, Cooperative Societies to go ahead with the process of electing managing committee/Board of Directors of Respondent no.6 pursuant to order dated 3.3.2008 (Annexure-1) whereby the process of election was initiated. Now the Division Bench vide order dated 23.9.2011 passed in C.W.J.C.No.7581 of 2008 has quashed the impugned notifications dated 1.5.2008 and 9.5.2008 contained in Annexures-10 and 11 staying the on going election process. The natural fall out would be that the authorities would complete the election from the stage it was halted. 17. This court in the case of Rameshwar Singh Vs State of Bihar, reported in 1993 BLJ (1)210 while considering more or less similar issue regarding completion of election under the Bihar Cooperative Societies Act, 1935 and the Rules, 1959 observed that it is well settled that if election process is brought to a stand still for any reason then the election process must commence from the stage it had been halted. In the said case nomination papers were already scrutinized and other steps had also been taken. The polling was to be held on 31, December, 1991. The impugned order (Annexure-2) therein adjourning the polling and requesting the Assistant Registrar to prepare a fresh schedule for the meeting of the general body. The election beginning all over again was held to be unjustified on the ground that any fresh exercise denovo would not be permissible. 18. We have earlier noticed that first the structural changes have to be brought about for constitution of PACS and Vyapar Mandal and other bodies which are affiliated to BISCOMAUN. The amended section would require liquidation and amalgamation of several societies. Thereafter new delegates would be chosen for constituting the Managing Committee/ Board of Directors. Up till now, Vyapar Mandal has not been fully re-organized though more than three years have gone by since insertion of Section 44 A Q by making amendment in 2008 bringing the structural changes; their election in these circumstances would be still a far fetched cry. In such circumstances, the election of the Managing Committee initiated on 3.3.2008 (Annexure-1) cannot be differed till such time the Vyapar Mandal and other affiliated body of BISCOMAUN is re-structured and delegates are choses for constitution of Managing Committee. In such circumstances, the election of the Managing Committee initiated on 3.3.2008 (Annexure-1) cannot be differed till such time the Vyapar Mandal and other affiliated body of BISCOMAUN is re-structured and delegates are choses for constitution of Managing Committee. The constitution of managing committee necessarily has to be done on basis of electorates of PACS, Vyapar Mandal, CDMU etc. existing at the time of notification initiating election process particularly when the first of the two tier election is already complete; delegates have been elected; and the election process which was stayed by orders of Registrar, Cooperative Societies have been quashed. The delegates for constituting managing committee of the BISCOMAUN have been completed way back in April, 2008. Thus, I hold that where part of election process is already held and completed, the election process would proceed from the stage it was halted. 19. The respondents as such are directed to issue necessary notification/order converting the annual general meeting for constituting managing committee/Board of Directors from delegates already selected in pursuance of election process initiated in 2008. 20. To end the dispute, the State Legislature has substituted section 14A (1) vide Bihar Cooperative Societies (Amendment) Act, 2011. Section 2 of the Amending Act substituted sub-section (1) of Section 14A of the Bihar Cooperative Societies Act, 1935 reads as follows: “(1) Notwithstanding any thing contained in any provision of this Act, rules made thereunder and byelaws of a registered society, the election to the managing committee of cooperative societies registered under this Act shall be conducted by Bihar State Election Authority constituted under Bihar State Election Authority Act, 2008 in the manner prescribed for the conduct of election under Bihar State Election Authority Act, 2008 and rules made thereunder read with Bihar Cooperative Societies Act, 1935 and rules made thereunder; Provided that all the previous elections of registered cooperative societies conducted by the Competent Authority under the existing provisions would be saved; Provided, further that any action, order, decision to hold the election of managing committee of cooperative societies shall be deemed to have been made under this Amendment and any election so held shall be valid, notwithstanding any judgment, order or decree of any court”. 21. The Amending Act, 2011 itself states that all the previous election of the registered cooperative societies conducted by the competent authority under the existing provisions would be saved. 21. The Amending Act, 2011 itself states that all the previous election of the registered cooperative societies conducted by the competent authority under the existing provisions would be saved. The amending provision saves the primary election of delegates held on 12.04.2008 for purposes of constituting Managing Committee/Board of Directors of BISCOMAUN. If such elections would not have been saved, the entire exercise of election of 1st phase held earlier would be rendered redundant. Further more, there would be new and more number of PACS and Vyapar Mandal under the restructuring under Section 44 AQ requiring liquidation and amalgamation of various societies which would be relevant for the next phase of election as and when it would take place. For the present the election process of BISCOMAN which was initiated on 3.3.2008 (Annexure-1) would commence from the stage it got disrupted on account of government notification dated 1.5.2008 (Annexure-9), orders of Registrar, Cooperative Societies dated 1.5.2008 and 9.5.2008 (Annexure-10 & 11) staying election, all of which have been quashed by Division Bench. The judgment rendered in the case of Rameshwar Singh (supra) would apply with full force. As observed earlier the remaining phase of election would be conducted under supervision of State Election Authority within three months from the date of receipt of a copy of this order. 22. In the result, this writ application is allowed to the extent indicated above. All Interlocutory applications are accordingly too disposed of in aforesaid terms.