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2021 DIGILAW 1073 (JHR)

Parsuram Chauhan v. State of Jharkhand, through the Chief Secretary, Ranchi

2021-12-21

RAJESH SHANKAR

body2021
JUDGMENT : 1. The present writ petition has been filed for quashing the election certificate dated 18.03.2018 (Annexure-S.A/1 to the writ petition) issued by the respondent No.9 in pursuance of the order dated 16.01.2018 passed by the respondent No.6 declaring the names of the elected members of the Managing Committee of Bharat Coking Coal Employees Co-operative Credit Society Limited, Geal Gora, Dhanbad (hereinafter referred to as ‘the said society’) ignoring the fact that there was an order of the respondent No.3 to cancel the candidature of such candidates as per the rules. Further prayer has been made for quashing the order dated 30.09.2018 (Annexure-12 to the writ petition) issued by the respondent No.8 terminating the membership of the petitioner without providing any opportunity of hearing to him. The petitioner has also prayed for quashing the order dated 16.11.2019 (Annexure-17 to the writ petition) issued by the respondent No.5 whereby the matter of expulsion of the petitioner from the membership of the said society was referred to the Aam Sabha of the said society whose existence is still under challenge before the concerned authority. 2. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition as well as that the petitioner has got alternative/efficacious/statutory remedy of raising his grievances before the respondent No.3 by invoking Section 48 of the Bihar (now Jharkhand) Co-operative Societies Act, 1935 (hereinafter referred to as ‘the Act, 1935’), I am not inclined to entertain the present writ petition at this stage. The petitioner is however at liberty to take alternative/efficacious/statutory recourse as provided under Section 48 of the Act, 1935. 3. The present writ petition is accordingly disposed of with the aforesaid liberty.