Raj Rikh Choubey and Another vs The State of Bihar and Others

The petitioners have filed this application under Articles 226 and 227 of the Constitution of India, praying that an order passed by the Assistant Registrar of Co-operative Societies, Bettiah, dated the 23rd August, 1968, incorporated in Annexure 1, be quashed. By this order, the Assistant Registrar directed the amalgamation of three Co-operative Societies, mentioned in that order, purporting to act under Rule 39 of the Bihar Co-operative Societies Rules, 1959.

Learned counsel for the petitioner has referred to a decision of their Lordships of the Supreme Court, in the case of Achutyanand Singh and Another Vs. State of Bihar and Others, , and has argued that Annexure 1 must be quashed on the decision of the Supreme Court. One of the points decided by their Lordships in that case was that an order passed by the Assistant Registrar directing amalgamation of a Society ''under Rule 39 (2), during the pendency of an appeal under Sub-rule (4) is contrary to law and void. The same state of affairs is present in the instant case and, therefore, on the principle decided by their Lordships of the Supreme Court, the order incorporated in Annexure 1 must be quashed. Learned counsel for the State is unable to show how Annexure 1 can be supported, in view of the decision mentioned above.

In the result, the order incorporated in Annexure 1 is hereby quashed. In the circumstances of the case, parties will bear their own costs.