Parmanand PrasadversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2699 of 2025
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                 Parmanand Prasad Son of Sudarshan Prasad, Resident of Village- Sirswan,
                 P.S.- Daraunda, District- Siwan.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar represented through the Additional Chief Secretary,
                 Department of Co-operative, Government of Bihar, Patna.
           2.    The Registrar, Co-operative Society, Government of Bihar, Patna.
           3.    The Joint Registrar, Co-operative Society, Saran at Chapra.
           4.    The District Deputy Election Officer (Co-operative Society)-cum-District
                 Co-operative Officer, Siwan.
           5.    The Election Officer (Co-operative Society)-cum-Block Development
                 Officer, Daraunda, Siwan.
           6.    Baidyanath Singh Son of Sakaldhari Singh, Resident of Village- Kodari Tola
                 Bharauli, P.S- Daraunda, District- Siwan.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s    :      Mr. Ajay Kumar Tiwary
                 For the Respondent/s    :      Mr. Addl. Advocate General (03)
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                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   16-01-2026                 1.        The petitioner has filed the present writ

                   application being aggrieved by the order, dated 13.11.2024,

                   passed by the Joint Registrar, Bihar Co-operative Societies,

                   Saran Division, Chhapra, by which the election of the petitioner

                   has been set aside.

                               2.       Learned counsel for the petitioner submits that

                   the petitioner applied for the Membership of the Rukundipur

                   Fisheries Self Supporting Co-operative Society (in short

                   “Fisheries Co-operative Society” and purchased one share of
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          Rs. 100/- and membership fee of Rs. 25/- totaling to Rs. 125/-

          which was deposited by receipt no. 10, dated 30.06.2009. The

          name of the petitioner is at serial no. 101 in the list of members

          of Fisheries Co-operative Society and same has been certified

          by the B.C.E.O, Daraunda, Siwan on 30.06.2009.

                      3.     The petitioner filed his nomination for the post of

          Secretary of the Society on 23.09.2022 in which an objection

          was filed by the respondent no. 6 on the nomination of the

          petitioner on the ground that the petitioner is an associate

          member and not full member, hence, he is having no right to

          contest the election.

                      4.       The election was held on 01.04.2023 and after

          counting, the petitioner got highest votes i.e. 198, whereas,

          respondent no. 6 got 172 votes only, hence the petitioner was

          declared as elected Secretary by a margin of 26 votes and got

          election certificate also.

                      5.       The election of the petitioner as Secretary was

          challenged by respondent no. 6 in Election Dispute Case No. 52

          of 2023 before the Registrar, Co-operative Society, Saran at

          Chapra, and the Registrar referred the matter before the Joint

          Registrar, Co-operative Society, Saran at Chapra, for deciding

          the election dispute, where the election dispute was registered
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          vide Election Dispute Case No. 26 of 2023.

                      6.      The Joint Registrar, Co-operative Society, Saran

          at Chapra, passed the impugned order, dated 13.11.2024, by

          which the election of the petitioner on the post of Secretary of

          the Fisheries Co-operative Society has been set aside on the

          basis of erroneous finding that the petitioner was not the full

          members of the Society.

                      7.     Mr. P. N. Shahi, learned senior counsel appearing

          for the respondent no. 6, submits that the order passed by the

          Joint Registrar, Co-operative Society, Saran at Chapra, is

          revisable before the Registrar, Co-operative Society, Saran at

          Chapra, under Section 56 of the Bihar Co-operative Societies

          Act, 1935. The Section 56 was substituted by (amendment) Act

          10 of 2002. Section 56 of the Act is quoted hereunder for ready

          reference:-

                      “The Registrar may, on application or of his own

          motion, revise any order passed by a person exercising the

          powers of a Registrar or by a liquidator under Section 44

          provided such order has been passed within a period not

          exceeding six months:

                      Provided that the Registrar shall have no power to

          revise any order against which appeal has been provided under
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          provision of this Act.”

                      8.      Therefore, from express provision, as provided

          under Section 56 of the Act, it is clear that the Registrar, Co-

          operative Society, has power to revise the order passed by the

          Joint Registrar, Co-operative Society, even if he exercises the

          power of Registrar, after the case having been transferred by the

          Registrar for deciding the election dispute.

                      9.         Taking into consideration the submissions

          advanced by learned counsel for the parties, this writ application

          is disposed with liberty to the petitioner to file a revision

          application under Section 56 of the Co-operative Societies Act,

          1935, before the Registrar, Co-operative Society, Saran at

          Chapra, against the impugned order, dated 13.11.2024, within a

          period of one month.

                      10.      If such an application is filed with condonation

          of delay petition, the Registrar, Co-operative Society, Saran at

          Chapra, is directed to dispose the matter within a period of five

          months by a reasoned and speaking order in accordance with

          law after giving opportunity of hearing to the persons

          concerned.

                      11.       With the aforesaid observations and directions,

          this writ application is, accordingly, disposed.
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                                  12.      The interim order, dated 24.02.2025, passed by

                      this Court shall stand vacated.



                                               (Anil Kumar Sinha, J)
ashwani/-

U