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Patna High CourtCWJC/4038/2023consigned

Yamuna Chaudhary v. The State Of Bihar

2025-02-10Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4038 of 2023 ====================================================== Yamuna Chaudhary S/o Late Agnu Chaudhary, R/o Ward No. 27, MohallaLaskariganj Bandh, P.O. and P.S. Sasaram (T), Distt Rohtas (Bihar)- 821115. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bihar State Election Authority, Patna, Harding Road, Patna- 800001. 3.

District Collector, Rohtas at Sasaram.

4.

The District Fishery Officer cum Chief Executive Officer, Rohtas at Sasaram.

5.

District Co-operative Officer, Rohtas at Sasaram. 6.

DCLR cum Observer, Kaimur at Bhabhua.

7.

Block Extension Officer, Sasaram.

8.

Block Development Officer cum Election Officer, Sasaram. 9.

Shri Sanjeev Mohan, S/o Shri Birendra Singh, R/o Village- Barahibag, P.O. Karwandia, P.S. Sasaram (M), Distt. Rohtas (Bihar)- 821305. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Mohan Murari, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-02-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) For issuance of direction to the Official respondents to recall the order by which, the private respondent no.7 has been declared successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte, after holding the election on 04.11.2022, despite well known of the fact that the initiation of the

Patna High Court CWJC No.4038 of 2023(3) dt.10-02-2025 2/2 proceeding for recovery of state revenue amounting to rs. 6,63,330/- (Rs. Six Lacs Sixty three thousand and three hundred thirty) has already been referred to District Certificate Officer, Rohtas at Sasaram by the respondent no.2, as would evident from the letter no. 545 dated 30.09.2021 issued by the respondent no.2. (ii) For issuance of direction to the Official respondents to cancel the candidature of the respondent no.9, prior to election to be held on 04.11.2022 as was/is in complete violation of rule-23 of Bihar Co-operative Society Rules, 1959, on account of concealment of material facts in affidavited nomination form filed by him.

3. On 09.09.2024, two weeks' time was granted to remove the defect.

4. As the same was not removed and it being a peremptory order, the case stands dismissed on 23.09.2024.

5. Perused the file, consigned.

(Rajiv Roy, J) Vijay Singh/- U