Amendment status not verified — confirm the current text below against the official source.
Sec. 14] was nominated or co-opted in place of an elected member who died during the currency of his terms of office cannot have a term of office for full three co-operative years from the date of his nomination or co-option. His term will come to an end when. The managging Committee's term is completed. Shambhu Prasad Roy vs. State of Bihar, 995(1)7 PLJR319. The language of sub-section (10) of section 14 is quite clear and is quite clear and is quit unambiguous. It provides that concequence envisaged therein will set in only if the elections for electing the office-bearers of Co-operative Society are not at all held. Where election are duly held within prescribed time, but are set aside by the Registrar in deciding an election dispute under section 41, the provisions of section 14(10) of the Act per se will not be applicable. Ramsakha Singh vs. State of Bihar, 1992(2)PLJR 598. Sections 14 and 41 read with Rule 211 of Bihar Co-operative Societies Rules, 1959- election commences from the initial notification calling upon the constituency or the representatives who have to participate at such election by filing nomination paper and it culminates only with the declaration of the result-therefore the direction· of the Registrar to ignore the election held on 20.4.1990 on the basis of notice of programme issued on 29.3.90 and voter list prepared upto 30.6.89 is not valid-such election held valid. Nawal Kishore Singh vs. State of Bihar, 1991(1) PLJR 572. Sections 41 and 66B read with rule 33 of Rules, 1959---temporary appointments made by Managing Committee, Central Co-operative Bank without properly giving advertisements calling for applications for filling vacancies and ignoring directions of Registrar, Co-op. Societies-Administrator appointed after the State Government had dissolved the erstwhile managing committee cancelling appointment of petitioners on ground that appointments had been made in contravention of procedure prescribed by Registrar-order of termination simpliciter--appointment of a paid employee in any registered co-operative society is subject to any general or special order issued by the Registrar in exercise of power under rule 33--- order of termination simpliciter is not bad as principles of natural justice are not attracted. Satish Kumar vs. State of Bihar 1990(1) PLJR 219; 1989 PLJR 566. Sections 14(2), 41, 48 & 65-Stay order passed by the High Court directing no meetings to be held till disposal of the case on 23.12.1980--meeting held on 30.12.1980 by the members of the Co-operative Bank electing office bearers-some business also transacted by the new office bearers on the next day and a copy of proceedings sent to Registrar---election held void by Registrar and special officers appointed to look after the work of the Co-operative Bank- elected members disputing the decision of the Registrar holding the election void on the ground that there was no notice and knowledge of the stay order to the members who participated in the election meeting-plea challenged on the ground that notice of stay order was communicated to the executive officer and that amounts to sufficient noticevalidity of action of Registrar who acted on the directions of Minister, Co-operation in holding the election void because of the stay order is not merely the wish of the court but a command-the plea that if any violation of stay was there it should be dealt only under Contempt of Courts Act, 1971 and the action should not be held void cannot be accepted. Nawal Kishore Prasad Sinha vs. State of Bihar, 1982 PLJR 377. Bihar Co-operative Societies Act, 1935 [17 18] Bihar Co-operative Societies Act, 1935 [ Sec. 14 Sections 14(4), 14(9) and 14(10) read with Rule 22(2) of Bihar Co-operative Societies Rules, 1959--date of commencement of term of Managing Committee-provisions of section 14 and rule 22 prescribe for constitution of a Managing Committee of a Registered Co-operative Society-term of Members and Office-bearers of the Managing Committee is three co-operative years from date of their election and not from the date on which the constitution of the Managing Committee was completed on nomination by the State Government-from a bare perusal of sub-section (9) of section 14 it is clear that the term of Members and office-bearers is "three co-operative years" and these persons can continue to hold office even on expiry of their terms till election is held or for nine months from the close of the co-operative year, whichever is earlier-under proviso to sub-sec- tion (10) of section 14, irrespective of the date when the election is held, the term of the Members and office bearers is deemed to have commenced from the beginning of the co-operative year in which election was held-decisions of Registrar are correct. Bihar State Handloom Weavers Union vs. State of Bihar, 1994(1) PLJR 584. Sections 14(5) and (6) as inserted by Amending Ordinance of 1988-power of Registrar--sub- section (9) of section 14 being part of section 41, will not override the provisions of sub-sections (5) and (6)-similar is the position in case of rules 20 and 21Registrar, cannot, therefor give election programme or directions in this regard to Administrators and it is the latter who have to do it themselves-similarly, Registrar cannot appoint Returning Officer for elections. Vidya Singh vs. State of Bihar, 1989 PLJR 377.] 1[14A. Election to the managing committee of certain registered societies.--"(1) Notwithstanding, any thing contained in any provision of this Act, rules made thereunder and byelaws of a registered society, the election to the managing committee of cooperative societies registered under this Act shall be conducted by Bihar State Election Authority constituted under Bihar State Election Authority Act, 2008 in the manner prescribed for the conduct of election under Bihar State Election Authority Act, 2008 and rules made thereunder read with Bihar Co- operative Societies Act, 1935 and rules made thereunder: Provided that all the previous elections of registered co-operative societies conducted by the Competent Authority under the existing provisions would be saved. Provided, further that any action, order, decision to hold the election of managing committee of cooperative societies shall be deemed to have been made under this Amendment and any election so held shall be valid, notwithstanding any judgment, order or decree of any court." 1 ["(2) Notwithstanding, any thing contained in any provisions of this Act, rules made thereunder and bye-laws of a registered society, the election to the managing committee of co- operative societies registered under this Act shall be held in terms of the provision of this Section, even if the process of election has commenced but the result of such election has not been declared." 2["(3) Notwithstanding, any thing contained in any provision of this Act, rules made thereunder and bye-laws of a registered society, the election to the managing committee of co- operative societies registered under this Act shall be held before the expiry of the term of managing committee as prescribed in Sub-section (9) of Section-14 of this Act or within period of nine months from the order of supersession of managing committee passed under the provisions of this Act: Provided that in the case of supersession of managing committee of any society as on the date of notification of this Amendment, the election to the managing committee shall be held within nine months." 2[(4)[xxx] 2[(5)[x x x ]