We produce below a related piece on Biscomaun that appeared in Indiancooperative.com
Chief Minister Nitish Kumar may have done the wonderful job of conducting PACs election by establishing Bihar State Election Authority Act, 2008 but his preoccupations with development plank has given unscrupulous elements a chance to make mockery of cooperative acts in the State.
The Board of Director of BISCOMAUN took oath of office in 2003 and its term was to expire in the year 2008. But an illegal Board is continuing and transacting business with impunity till date.
The term of Board of Director of BISCOMAUN was to end on 28-05-2008. However, Bihar State Cooperative Society Act, 1935 was amended on 29-04-2008 whereby clause 14(A) was inserted in the Act.
As per the provision of said amended Act, notification for election was issued as per section 14(A) (1) vide notification no. 2564, dated 01-05-2008 (Gazetted on 07-05-2008)
Further there was a provision in the said 14 (A) (3), that the said period of election could be extended by six month by notification but not more than two years from date of first publication of notification.
There was a provision in section 14 (A) sub clause (4) that the term of Board of Director / Management Committee of such Cooperative Society like BISCOMAUN will whose term expire after the date of notification shall get extension till said period.
The “First Notification” was issued vide notification no. 2564, dated 01-05-2008 (Gazetted on 07-05-2008). The term of this notification expired on 06-10-2008, i.e. six month from date of Gazette notification.
Vide notification no. 7030, dated 31-10-2008, a “2nd notification” was issued extending period of election by further six month. This notification expired as 30-04-2009 or say 06-05-2009 if date of Gazette notification is taken in consideration. As such the Board of BISCOMAUN and similar other Apex Cooperative Societies also got extension in terms of clause 14(A) sub clause (4) of the Act till validity of above notification.
The “third notification” was issued vide notification no. 1931, dated 18-05-2009 after a gap of 17 days between the expiring of 2nd notification and issue of third notification. As such there was a gap of 17 days between expiring of 2nd notification & issue of 3rd notification and in the period of gap or say vacuum, the extended tenure of Board of Directors of BISCOMAUN / Other cooperative society expired and the board ceased to exist calling for appointment of Administrator.
A “3rd Notification” for election was issued vide notification no. 1931, dated 18-05-2009 for six month period in term of section 14 (A) sub clause (3). However the election could not be held in this period too and further 4th and last extension for conduct election as per clause 14A (3) was given vide “4th notification no. 7345, dated 19-11-2009” for last six months.
The then Secretary, Co-operative moved a file is May 2010 to give further extension of six month for holding election which was beyond the two year period & was against the provision of Section 14 A (3) of the Act.
This further extension of six month period was is gross violation of Bihar State Cooperative Society Act, 1935 clause 14(A) sub clause (3), as no extension beyond two year period was permissible as per Act.
The then Secretary, Cooperative has made a reference to his discussion with the Advocate General, on the point of extension but no where opinion of the Advocate General is on record.
It is a fit case where the Administrator should have been appointed by the Cooperative Department, Govt. of Bihar in BOSCOMAUN and other Apex Cooperative Societies.
But is there some connivance between Board of BISCOMAUN & other Apex bodies with the Department of Cooperative, Govt. of Bihar that such a hopeless situation is prevailing?