The Barauni Co Operative Cold Storage Ltd. v. The Bihar State Election Authority Through Its Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1320 of 2017 IN Civil Writ Jurisdiction Case No. 13264 of 2017 =========================================================== The Barauni Co -Operative Cold Storage Ltd. through its Manager namely Madan Mohan Singh, son of Late Ram Lakhan Singh, Resident of Village- Pattal Bigha, P.S. Narhat, District- Nawada.
.... .... Appellant/s
Versus
1. The Bihar State Election Authority through its Secretary, 32, Harding Road, Patna- 800001.
2. The State of Bihar through the Registrar, Co-operative Societies, Bihar, Patna.
3. The District Magistrate-cum- District Returning Officer (Co-operative Societies) Begusarai.
4. The Sub Divisional Officer, Sadar, District Begusarai.
5. The District Co-operative Officer, Begusarai.
6. The Block Development Officer-cum- Returning Officer, Teghra, District Begusarai.
7. The Block Development Officer, Barauni, District- Begusarai.
8. Amarjeet Kumar, son of Late Krishna Kumar Azad, Resident of Village- Baraun3, P.O. Barauni Devadhi, P.S.- Teghra, District- Begusarai. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Kaushalesh Choudhary For the State : Mr. Raj Ballabh Pd. Yadav, AAG 11 For the State Election Authority : Mr. Mukesh Kumar For Respondent No. 8 : Mr. Vijay Vassayan =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 16-10-2017 We are of the considered view that Manager is a paid employee of the Society and is not authorized to file any writ petition or appeal on behalf of the Society unless the Managing Committee of the Association as per the statutory provisions managing the affairs of the Society empowers a paid employee to do
Patna High Court LPA No.1320 of 2017 dt.16-10-2017 2/2 so. In this case, no competent authority empowered under law has authorized the appellant to file this appeal and, therefore, this appeal is liable to be dismissed on this ground alone. Merely because the Manager is impleaded as a party, i.e. Co-operative Society through the Manager, which is an error committed by the petitioner in nomenclature that does not bestow the Manager to become an authorized officer of Society empowered in law to file an appeal on behalf of Society a creation of Statute. The appeal is accordingly dismissed as not maintainable at the instance of the present appellant.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 18/10/2017 Transmission Date N.A.