Patna High Court
Dargahiganj Primary Agriculture Credit SocietyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is not maintainable; the dispute must be pursued under section 48 of the Bihar Co‑operative Societies Act, 1935.
Summary
The Dargahiganj Primary Agriculture Credit Society and its chairman filed a writ petition in the Patna High Court seeking to quash a letter that had erroneously recorded respondent No. 8 as a full‑member of the society and to restrain him from contesting the society’s managing committee election. The petition also demanded a mandamus directing authorities to act on a committee report that the respondent was only a co‑member. The State Election Authority raised a preliminary objection that the dispute falls within the ambit of section 48 of the Bihar Co‑operative Societies Act, 1935, which provides an alternative mechanism for resolving membership disputes. The Court examined the provisions of section 48 and held that the petitioners have an efficacious remedy under that provision, rendering the writ petition non‑maintainable. Consequently, the writ application was dismissed, with liberty granted to the petitioners to pursue the matter before the appropriate authority under section 48.
Issues considered
- Whether a writ petition challenging the membership status of a co‑operator is maintainable when an alternative remedy under section 48 of the Bihar Co‑operative Societies Act, 1935, exists.
Legislation cited
Subjects
- co-operative society
- membership dispute
- writ jurisdiction
- section 48
- certiorari
- mandamus
- alternative remedy
- election authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4103 of 2026
======================================================
1. Dargahiganj Primary Agriculture Credit Society through its Chairman
namely Khagendra Kumar Yadav @ Khagendra Yadav, aged about 53 years,
Gender-male, Son of Kalanand Yadav, Resident of Village- Ward No. 11,
Dargahiganj, Police Station - Narpatganj, District- Araria.
2. Khagendra Kumar Yadav @ Khagendra Yadav, Son of Kalanand Yadav,
Resident of Village- Ward No. 11, Dargahiganj, Police Station - Narpatganj,
District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Cooperative, Vikash
Bhawan, New Secretariat, Patna.
3. The Registrar, Co-operative Societies, Bihar, Patna.
4. The District Co-operative Officer, Araria.
5. The Block Cooperative Extension Officer, Araria.
6. The Bihar State election Authority, 32 Harding Road, Patna -I through its
Secretary.
7. The Joint Secretary, Bihar State election Authority, 32 Harding Road, Patna-
I.
8. Ashok Yadav, son of Ram Kishun Yadav, R/o Mohalla-Deviganj, ward no. 1,
Police Station-Narpatganj, District-Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
For the State : Mr. Manoj Kumar Ambastha, SC- 26
Mr. Santosh Kumar Mishra, AC to SC- 26
For Respondent nos. 6 & 7 : Mr. M.K. Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioners have filed the instant application for
the following reliefs:
Patna High Court CWJC No.4103 of 2026(2) dt.31-03-2026
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“1. i. For issuance of a writ
in the nature of Certiorari for
quashing Letter No. 344 dated
10.02.2026 issued under the signature
of the Joint Secretary, Bihar State
Election Authority, whereby
Respondent No. 8 has been treated as
a full-fledged member in place of a
co-member and his name has been
inserted at Sl. No. 259 in the voter list
of Dargahiganj Primary Agriculture
Credit Society (hereinafter referred to
as "PACS").
ii. For issuance of a writ in
the nature of Mandamus commanding
and directing the respondent
authorities to act in accordance with
the report of the Committee
constituted for examining the validity
of the membership of Respondent No.
8 as a full-fledged member. The
Committee, after examining the entire
record, recommended that Respondent
No. 8 is only a co-member.
iii. For issuance of a further
direction restraining Respondent No.8
from participation in the ensuing
election of the managing committee of
the PACS as co-member can only be
treated as voter moderately not fit to
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be contested for any post of the
managing committee interms of
section 44 AQ (6) of the Bihar
cooperative society Act, 1935.
And/or for issuance of such
other order or orders as this Hon'ble
Court may deem fit and proper in the
facts and circumstances of the present
case.”
3. Having heard learned counsel for the parties and
having perused the material on record, it transpires that the
matter in issue relates to dispute with respect to the membership
status of respondent no. 8.
4. Learned counsel for the Bihar State Election
Authority (respondent nos. 6 and 7) raises a preliminary
objection that the petitioners having an alternate and efficacious
remedy of filing an appropriate application under section 48 of
the Bihar Co-operative Societies Act, 1935 (in short ‘the Act of
1935’), the instant application is not maintainable. Reference is
made to explanation under section 48 of the Act of 1935, which
is quoted herein below for ready reference:
“48. Disputes.- ……..
Explanation. - (1) The question
whether a person is or was a member
of a registered society or not shall be
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a dispute within the meaning of this
sub-section.
(2) The Registrar may on
receipt of such reference -
(a) decide the dispute himself;
or
(b) transfer it for disposal to
any person exercising the powers of a
Registrar in this behalf; or
(c) subject to any rules refer it
for disposal to an arbitrator or
arbitrators.
(3) Subject to any rules, the
Registrar may withdraw any reference
transferred under clause (b) of sub-
section (2) or referred under clause
(c) of the said sub-section and deal
with it in the manner provided in the
said sub-section.
(4) The appointment of an
arbitrator or arbitrators and the
procedure to be followed in
proceedings before the Registrar or
such arbitrators shall be regulated by
rule.
(5) In the case of dispute
involving property which is given as
collateral security, it shall be
competent to the person deciding such
dispute to issue mortgage award
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which shall have the same force as a
mortgage decree of a competent Civil
Court.
(6) Any person aggrieved by
any decision given in dispute
transferred or referred under clause
(b) or (c) of sub-section (2) may,
within three months from the date of
such decision, appeal to the Registrar.
(7) The Registrar, in the case of
dispute under this section, shall have
the power of review vested in a Civil
Court under Section 144 and under
Order XL VII, rule 1 of the Code of
Civil Procedure, 1908, and shall also
have the inherent jurisdiction
specified in Section 151 of the said
Code.
(8)The Registrar may where it
appears to him advisable, either of
application or of his own motion, state
a case and refer it to the District
Judge for decision, and the decision of
the District Judge shall be final.
(9) Save as expressly provided
in this section, a decision of the
Registrar under this section, and
subject to the orders of the Registrar
on appeal or review, a decision given
in a dispute transferred or referred
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under clause (b) or (c) of subsection
(2) shall be final.”
5. Having gone through the relevant provisions of
section 48 of the Act of 1935, quoted herein above, the Court
finds substance in the objection raised by the respondents.
6. The writ application stands disposed of with liberty
to the petitioners to raise all the issues raised in the instant
application as also otherwise available to him before the
appropriate authority by filing an application under section 48
of the Act of 1935.
7. The writ application stands disposed of.
(Partha Sarthy, J)
sauravkrsinha/-
U
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