CHANDRIKA JHA versus STATE OF BIHAR & ORS.

CHANDRIKA JHA versus STATE OF BIHAR & ORS.

The Chief Minister and Ministers exceeded their authority by interfering with the statutory powers of the Registrar under bye-law 29. The actions taken by the Registrar on the directions of the Ministers were invalid, as those powers are reserved exclusively for the Registrar by law.

Parties
Appellant: Chandrika Sinha; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
27 October 1983
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From the Judgment and Order Dated 30th September, 1983 of the Patna High Court in C.w.j.c. No. 4139 of 1983
Outcome
Appeal allowed
Legal Topics
Exercise of Statutory Powers, Executive Power of the State, Powers of Chief Minister and Ministers, Function of Registrar Under Co Operative Societies Act, Validity of Directions to Statutory Authorities
Constitutional Law Administrative Law Co Operative Societies Law Exercise of Statutory Powers Executive Power of the State Powers of Chief Minister and Ministers Function of Registrar Under Co Operative Societies Act Validity of Directions to Statutory Authorities

Case Brief

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Parties

Chandrika Sinha

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From the Judgment and Order Dated 30th September, 1983 of the Patna High Court in C.w.j.c. No. 4139 of 1983

Legal Issues

  1. 1 Whether the Chief Minister or Minister can exercise the statutory functions of the Registrar under bye-law 29 of the Bihar Co-operative Society Rules, 1959
  2. 2 Whether the Minister was justified in issuing directions to the Registrar to constitute or reconstitute the Board of Directors of the Co-operative Bank

Ratio Decidendi

The Chief Minister and Ministers exceeded their authority by interfering with the statutory powers of the Registrar under bye-law 29. The actions taken by the Registrar on the directions of the Ministers were invalid, as those powers are reserved exclusively for the Registrar by law.

Court Disposition

Appeal allowed

Orders

  • Registrar, Co-operative Societies, Bihar to take over management of Vaishalli District Central Cooperative Bank and exercise all powers and duties of the Committee of Management vested by the Bihar & Orissa Cooperative Societies Act, 1935 and the Bihar Cooperative Societies Rules, 1959 and bye-laws.
  • Registrar or designated officer to call a general meeting of the society to require election of a new Board of Directors.