Hari Prasad Mukhia And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7298 of 2017 Along with Interlocutory Application No. 3831 of 2017 ===========================================================

1. Hari Prasad Mukhia S/o late Dipu Mukhiya

2. Kamla Devi W/o Hari Prasad Mukhia

3. Sanjiv Kumar Toni S/o Sri Hari Prasad Mukhia

4. Praveen Kumar Toni S/o Hari Prasad Mukhia All Resident of Village- Pipraulia, P.O.- Shankarpur, P.S.- Rosera, BlockShivajinagar, District- Samastipur.

5. Uttam Devi W/o Laalan Mukhiya Resident of Village- Pipraulia, P.O.- Shankarpur, P.S.- Rosera, Block- Shivajinagar, District- Samastipur.

6. Ram Bilas Mukhiya S/o late Mishri Mukhiya Resident of Village- Situahi, P.O.- Shankarpur, P.S.- Rosera, Block- Shivajinagar, District- Samastipur.

7. Agindev Mukhiya S/o late Ramprasad Mukhiya Resident of Village- Situahi, P.S. Rosera, Block- Shivajinagar, District- Samastipur.

8. Shankar Mukhiya S/o Buchhan Mukhiya Resident of Village- Nabkatol, P.O.- Shankarpur, P.S.- Rosera, Block- Shivajinagar, District- Samastipur.

9. Ramadhar Mukhiya S/o Sri Pavitar Mukhiya Resident of Village- Chatauni, P.S.- Hathauri, Block- Shivajinagar, District- Samastipur.

10. Kishori Mukhiya S/o Late Shiddhlal Mukhiya Resident of Village- Chatauni, P.S.- Hathauri, Block- Shivajinagar, District- Samastipur.

11. Sunita Devi W/o Sri Brijnandan Mukhiya Resident of Village- Chatauni, P.S.- Hathauri, Block- Shivajinagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate-cum-District Election Officer, Samastipur.

2. The Bihar State Election Authority, 32, Harding Road, Patna through the Chief Election Officer.

3. The District Co-operative Officer-cum-Deputy Election Officer, Samastipur.

4. The Block Development Officer-cum-Election Officer (Co-operative Society), Rosera, Samastipur.

5. The Block Co-operative Extension officer, Shivaji Nagar Block, DistrictSamastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Avinash Kumar, Advocate For the State : Mr. Uday Prasad, AC to GP-22 For the Election Authority : Mr. Mukesh Kumar, Advocate For the Intervenor Respondent : Mr. Pashupati Pd. Sinha, Advocate Mr. Deepak Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-05-2017

Patna High Court CWJC No.7298 of 2017 dt.17-05-2017 2/3 Heard learned counsel for the parties.

2. The petitioners have moved the Court for declaration of the draft voter list which has been published to be void on the ground that the same has not been prepared in accordance with the requirement of the Bihar Co-operative Societies Act, 1935 read with Bihar Co-operative Societies Rules, 1959 as also the guidelines issued by the Chief Election Officer of the State Election Authority, contained in Letter No. 17 dated 13.01.2017 relating to preparation of voter list.

3. The petitioners are member of Shivajinagar Anchal Matasyajivi Swablambi Sahkari Samiti Limited, Pipraulia (hereinafter referred to as the 'Society') and as per the voter list of the year 2012, the voter list for the year 2017 had to be prepared and if any changes were to be made, it was to be considered by the Managing Committee of the Co-operative Society and reasons had to be assigned both for deletion and addition. It appears that the same has not been done and the Secretary of the Society, in collusion with the Election Officer, prepared a draft list in which about 3000 persons have either been deleted or added.

4. Learned counsel for the State and the State Election Authority submitted that in view of there being prima facie material to indicate that the procedure prescribed has not been followed, the

Patna High Court CWJC No.7298 of 2017 dt.17-05-2017 3/3 matter be remanded to a Competent Authority for verification and appropriate action.

5. Having considered the matter, the writ petition stands disposed off with a direction to the District Co-operative Officer, Samastipur (respondent no. 3) to look into the issue with regard to preparation of voter list of the Society, after verification from the relevant records and after giving opportunity of hearing to the parties, including the petitioners. The said exercise be completed within three weeks from the date of production of a copy of this order before the respondent no. 3, which should be done not later than one week from today. Upon receipt of the order, the respondent no. 3 shall verify the grievance of the petitioners. The list finally prepared by the respondent no. 3 shall be the list for holding election of the Society by the State Election Authority.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U