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Patna High Court

Dargahiganj Primary Agriculture Credit SocietyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/6




                                                         “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
Patna High Court CWJC No.4103 of 2026(2) dt.31-03-2026
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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
Patna High Court CWJC No.4103 of 2026(2) dt.31-03-2026
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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
Patna High Court CWJC No.4103 of 2026(2) dt.31-03-2026
                                            5/6




                                          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
           Patna High Court CWJC No.4103 of 2026(2) dt.31-03-2026
                                                       6/6




                                                     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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