Shatrughn Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17631 of 2014 ====================================================== Shatrughn Ray, son of Late Rameshwar Ray, resident of village-Rasoolpur Maniyari, P.S. Sakara, District-Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Muzaffarpur

2. The Block Development Officer cum Block Election Officer, Sakara, District-Muzaffarpur

3. The Block Co-operative Extension Officer, Sakara, Muzaffarpur

4. Sita Ram Rai, son of Sri Khub Lal Rai, resident of villageRasoolmaniyari, P.S. Sakara, Districit-Muzaffarpur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Smt. Binita Singh, G.P.-31 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-01-2016 Heard the parties The nomination of the petitioner was cancelled. According to the petitioner the same was not communicated. A counter affidavit has been filed enclosing the opinion of the Returning Officer rejecting the nomination of the petitioner inter alia on grounds that he was a co-opted member. In the circumstances and in view of the statutory prescriptions underlying Section 12 of the Bihar Election Authority Act, 2008, the remedy for the petitioner would lie before the prescribed authority under the said Act read with the provisions of the Bihar Cooperative Societies Act and the Rules framed thereunder. The petitioner, if so advised, may take

Patna High Court CWJC No.17631 of 2014 (4) dt.11-01-2016 recourse to the statutory remedy so available to him in law for questioning the rejection of his nomination.

The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U