Amendment status not verified — confirm the current text below against the official source.
The election held at the Annual General Meeting will remain valid until this is done. The validity of an election, whether legal or factual has to be decided in an election petition. The Registrar of co-operative societies cannot declare elections invalid and the government should not dissolve the Board of Director on the basis of such report. Abdul Gaffar vs. State of Bihar, 1988 PLJR 196: AIR 1983 Pat. 114. The controversy about the date of election, when two different dates are claimed by the rival parties, is an election dispute and fall within the provision of section 48 (1 ). Abdul Gaffor vs. State of Bihar, ibid. A petition having been filed before the election has taken place can by no stretch of imagination, be said to be an election dispute after the election is held. Once the election is held and candidates comprising the managing committee are declared as successful once, the election has come to an end. Any application filed with regard to any dispute of convening the general meeting on particular date will not fall within the ambit of an election dispute. ibid. Term "demand"-scope of 1968 BRLJ (Rev.) 18. Election disputes are also disputes referable to the Registrar under this section. Pt. Raghav Jha vs. Co-operative Societies, 1962 BRLJ (Rev.) 62: ILR 41 Pat. 25. Appeal against rejection of nominaton of candidate for election of Directors of Co-operative Bank by the Dy. Registrar is maintainable. Kapilendra Pothai vs. Dy. Registrar, AIR 1981 Orissa 194. Deputy Registrar exercising jurisdiction in election dispute is a court. The expression "election" also covers "election dispute" where the election has been challneged. Minister is an executive functionary and the expression "State Government" includes Minister. Minister, therefore has jurisdiction conferred under section 65A to call for any records of any proceeding of any matter pending before the Registrar or his sub- ordinate, or any person acting under his authority and examine and pass such orders as he may deem fit. Lachandeo Sahni vs. State of Bihar, 1982 PLJR (NOC) 7: AIR 1982 Pat. 48: 1981 BRLJ 239. The expression "election dispute" means a disptue touching the business of Co-operative Society and such dispute can be decided under section 48. Sri Narain Misra vs. State, 1985 PLJR 572: AIR 1985 Pat. 9. Registrar should not pass orders merely on basis of report of District Magistrate Sec. 48] Bihar Co-operative Societies Act, 1935 [59 regarding the elections held at the annual general meeting of a society. Even an order passed in the Registrar's administrative capacity should not be passed without affording an opportunity of hearing to parties who are being deprived of their right to run the administration of the society according to the claim made by them. ibid. Rule 68 does not prescribe any particular form for reference of election dispute to the Registrar. The rule is not exhaustive and does not control section 48 of the Act. Reference of an election dispute by the District Magistrate, after holding of annual general meeting is a valid reference. ibid. Where an employee has been discharged by the managing committee at the direction of Joint Registrar, an appeal lies to the Registrar. The appeal is a matter of right of the concerned employee in such cases. Narkatiaganj G.D. & C.M. Union Ltd. vs. Registrar Co-op. Societies, 1970 BLJR 351: 1971 BRLJ (Rev.) 62. Dispute regarding service conditions of employees of society cannot be said to be a dispute touching the business of a society and so the registrar has no jurisdiction to try such cases. Bihar State Co-op. Marketing Union Ltd. vs. Registrar. Co-op. Societies, 1973 BRLJ 553: 197 4 BLJR 185: AIR 197 4 Pat. 177; Tisco Oriya Co-op. Society Ltd. vs. Assistant Registrar, Co-op. Societies, AIR 1975 Pat. 208: 1974 BBCJ 930. Bihar State Co-op. Bank Ltd. vs. Registrar, Co- op. Societies, AIR 1975 Pat. 187. Thie jurisdiction of the ordinary civil and revenue courts of the land is ousted under section 57 of the Act in case of disputes which fall under section 48. A Registrar of Co-operative Societies exercising powers under section 48 must, therefore, be filed to discharge the duties which would otherwise have fallen on the ordinary civil and revenue courts of the land. In adjudicating up on a dispute referred under section 48, the Registrar is to all intents and purposes, a court discharging the same functions and duties in the same manner as a court of law is expected to do. Thakur Yuga/ Kishore Sinha vs. Sitamarhi Central Co-op. Bank, AIR 1967 SC 1494. A dispute raised against the Co-operative society by its discharged employee claiming relief such as reinstatment in service is outside the scope of the expression "touching the management of the society "and the Registrar of Co-operative societies has no jurisdiction to deal with and determine such disputes. Such disputes squarely fall within the jurisdiction of Courts. Gujarat State Co- operative Land Development Bank Ltd. vs. PR. Mankad, AIR 1979 SC 1230: (1979) 2 SCC