Nand Kishore Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3956 of 2017 ===========================================================

1. Nand Kishore Mahto, son of Late Mishri Mahto, resident of Village- Kamrawn, P.S.- Dalsinghsarai, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Co-operation, Bihar, Patna.

2. The Principal Secretary, Department of Co-operation, Bihar, Patna.

3. The Registrar, Co-operative Societies, Bihar, Patna.

4. Bihar State Election Authority, through the Chief Election Officer, 32, Hardinge Road, Patna- 800001.

5. The Chief Election Officer, 32, Hardinge Road, Patna- 800001.

6. The District Magistrate, Samastipur-cum-District Election Officer (Cooperatives), Samastipur.

7. The District Co-operative Officer, Samastipur.

8. The Assistant Registrar, Co-operative Societies, Dalsinghsarai, DistrictSamastipur.

9. The Block Development Officer-cum-Returning Officer, Ujiarpur, Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. R. B. PD.Yadav-AAG-11 Mr. Jitendra Kumar, AC to AAG-11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 15-05-2017 Once the election to the Cooperative Societies in question are over, the question of preparation of voter list and illegality in preparation of it cannot be dealt with in a public interest litigation now by this Court exercising its extraordinary jurisdiction under Article 226 of the Constitution.

In case the voter list has not been prepared properly or

Patna High Court CWJC No.3956 of 2017 dt.15-05-2017 2/2 there are errors in the voter list, as indicated, the aggrieved person should now file an election petition before the Registrar, Cooperative Societies, or make a complaint to the Registrar, Cooperative Societies who, under law, is bound to address the issue not only with regard to the grievance of the petitioner, but also of other aggrieved persons.

With liberty granted to the petitioner to take up the issue with the Registrar, Cooperative Societies and the Chief Election Officer, respondent No.3 and 5 respectively, the matter stands disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.5.2017 Transmission Date N/A