Nilesh Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1690 of 2015 ======================================================
1. Nilesh Kumar Singh Son of Surendra Prasad Singh Resident of Village - Hasanpura, P.O- Hussepur, P.S- Marhourah, District - Saran (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar through the Registrar General, Bihar, Patna.
2. The Registrar, Co-oprative Society, Bihar, Patna.
3. The District Magistrate Saran, District Saran at Chapra (Bihar).
4. The District Co-operative Officer, Saran Distict - Saran at Chapra (Bihar).
5. The Block Development officer, Marhourah Block, District - Saran at Chapra (Bihar).
6. Pawan kumar Singh Son of Dharam Nath Singh Resident of Village - Kharauni, P.O- Hussepur, District - Saran (BIHAR). .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. S. Raza Ahmad, AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-09-2015 Heard Mr Awanindra Kumar Jha, learned counsel for the petitioner, learned counsel for the State and learned counsel for the State Election Authority.
Although the petitioner has endeavoured to question the election to the Hasanpura Primary Agriculture Credit Cooperative Society but it is seen that the challenge is made without exhausting the remedy available to the petitioner under Section 14A (6) of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act') read with Section 48 thereof and Rule 21X framed thereunder as well as the provisions of the Bihar State Election
Patna High Court CWJC No.1690 of 2015 (2) dt.04-09-2015 2/2 Authority Act which mandates that a challenge to an election of a Managing Committee of a Cooperative Society can only be by means of an election petition.
In the circumstances, the writ petition is disposed of. (Jyoti Saran, J) Bibhash/- U