Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1002 of 2022 ====================================================== Yogendra Prasad S/o Karu Yadav R/o Village - Sandohara, P.S. - Nardiganj, District- Nawada, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Cooperative Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary cum Principal Secretary Department of Cooperative, Bihar, Patna. 3.

The Registrar, Co-operative Society, Bihar, Patna. 4.

The Deputy Registrar, Co-operative Society, Bihar, Patna. 5.

The District Co-operative Soceity, at Nawada. 6.

The Assistant Registrar, Co-operative Society, Nawada. 7.

Bihar State Election Authority through its Joint Secretary. 8.

District Magistrate, Nawada.

9.

Sub Divisional Officer, Sadar, Nawada.

10.

Abhimanu Kumar S/o Sheodani Prasad R/o Village - Parma, P.S. - Nardiganj, District- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv For the Respondent/s :

Mr. Syed Iqbal Ahmad (SC-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 13-05-2022 Despite the link for virtual court proceedings having been successfully sent to learned counsel for the petitioner, there is no representation on behalf of the petitioner. The petitioner has questioned continuance of respondent No. 10 as Chairman of Parma Primary Agriculture

Patna High Court CWJC No.1002 of 2022(3) dt.13-05-2022 2/2 Credit Cooperative Society (PACS) on the ground that he is holding a post of profit, i.e., Technical Assistant in Panchayat Raj Office, Gaya and is withdrawing salary.

It appears that the petitioner had approached the authorities questioning eligibility of respondent No. 10 to continue as the Chairman of the PACS.

Letter No. 548 dated 15.04.2021 issued by the District Cooperative Officer, Nawada addressed to the Joint-Secretary, Cooperative Societies, Magadh division, Gaya has been brought on record by way of annexure to the application, from which, it appears that even the authorities are not sure, as to whether, such engagement of respondent No. 10 amounts to his disqualification to hold the post of the Chairman of the PACS. Be that as it may, since there in no representation on behalf of the petitioner, this application is dismissed for default without going into the question of eligibility of respondent No. 10 to hold the post of Chairman of the PACS.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U