Ramesh Paswan v. The Bihar State Election Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2254 of 2026 ====================================================== Ramesh Paswan Son of Ram Wakil Paswan, resident of Ashrafpur Supaul, P.S.- Sahpur Patory, District- Samastipur.

... ... Petitioner/s

Versus

1.

The Bihar State Election Authority through the Chief Election Officer 32 Harding Road, Patna-800001.

2.

The Chief Election Officer, Bihar State Election Authority 32 Harding Road, Patna-800001.

3.

The Joint Secretary, Bihar State Election Authority 32 Harding Road, Patna800001. 4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Samastipur.

6.

The Sub-Divisional Officer-cum-District Deputy Election Officer, Samastipur.

7.

The District Cooperative Officer-cum-District Deputy Election Officer, Samastipur.

8.

The Election Officer Cooperative Society-cum-Block Development Officer, Sahpur Patory, District-Samastipur.

9.

The Administrator Sirdilpur PACS Patory, District-Samastipur. 10.

Manitesh Kumar Yadav, Son of Jodhan Rai, resident of Village- Ashrafpur Supaul, District- Samastipur.

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Respondent/state:

Mr. Sarvesh Kumar Singh, AAG 13 Bihar State Election Authority:

Mr. M.K. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2026

1. Heard the parties.

2. The petitioner has filed the present writ application against the letter no. 2782 dated 06.10.2025 issued by the Office of the respondent no. 3 i.e. Joint Secretary, Bihar State Election Authority whereby the authority has rejected the representation

Patna High Court CWJC No.2254 of 2026(2) dt.10-02-2026 2/3 of the petitioner filed with a grievance highlighting the irregularities committed in the election of Sirdilpur PACS held on 27.05.2005 in which the respondent no. 10 -Manitesh Kumar Yadav was elected as Sirdilpur PACS Chairman.

3. Learned counsel for the petitioner submits that in the election of the Chairman of the concerned PACS there was large scale irregularity inasmuch as the respondent no. 10 suppressed the material fact including criminal case lodged against him in the nomination paper and there was illegality in the preparation of voter list. In the voter list name of those persons have been included who have already died.

4. Mr. Mukesh Kumar Thakur, learned counsel appearing for Bihar State Election Authority submits that by the impugned order the petitioner has only been suggested to file an election petition before the competent authority, who is the Registrar, Co-operative Societies under Section 48 of the Bihar Co-operative Societies Act, 1935 (for short "Co-operative Societies Act, 1935").

5. Considering the submission made by the parties and the nature of the impugned order, the present writ application is disposed with a liberty to the petitioner to file a petition before the Registrar, Co-operative Societies under Section 48 of the

Patna High Court CWJC No.2254 of 2026(2) dt.10-02-2026 3/3 Co-operative Societies Act, 1935. If such an application is filed; the Registrar, Co-operative Societies shall be obliged to dispose the same strictly in accordance with law within a reasonable time frame.

(Anil Kumar Sinha, J) praful/- U