Sanjay Kumar Yadav v. The Bihar State Election Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6537 of 2020 ====================================================== Sanjay Kumar Yadav Son of Ramdhani Yadav Resident of VillageChananawar, PO- Ghari, Block and PS- Khaira, District- Jamui, PIN- 811317. ... ... Petitioner/s

Versus

1.

The Bihar State Election Authority through its Chief Election Officer, Bihar. 2.

The Chief Election Officer, The Bihar State Election Authority, Both having address- 32, Harding Road, Patna.

3.

The Prescribed Authority, The Bihar State Election Authority, Bihar, BlockKhaira, District- Jamui. 4.

The State of Bihar through its Principal Secretary, Cooperative Department, Government of Bihar, Patna.

5.

The Registrar, Cooperative Societies, Bihar, Patna. 6.

The Deputy Registrar, Headquarters, Cooperative Societies, Bihar, Patna. 7.

The District Magistrate-cum-District Election Officer, Jamui. 8.

The District Cooperative Officer, Jamui.

9.

The Sub-Divisional Magistrate, Jamui, District- Jamui. 10.

The Block Development Officer, Block- Khaira, District- Jamui. 11.

Circle Officer, Block- Khaira, District- Jamui. 12.

The Managing Committee, Harkhar Primary Agriculture Credit Cooperative Societies (PACCS) through its Chairman, Block- Khaira, District- Jamui. 13.

Sushil Hembram S/o Chotu Hembram R/o Village- Mahego, PO and PSKhaira, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Sahay For the Respondent/s :

Mr.Sushil Kumar (Gp22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2021 Heard Mr. Brajesh Sahay, learned counsel for the petitioner, Mr. Narendra Kumar, learned A.C. to G.P.-22 for the State and Mr. Mukesh Kumar, learned counsel for respondent No.1 and 2.

The present writ application has been filed by the

Patna High Court CWJC No.6537 of 2020(3) dt.09-08-2021 2/2 petitioner challenging the election of respondent No.13 on the post of Chairman of Harkhar (PACCS), Block-Khaira, District Jamui.

Learned counsel for the respondent No.1 and 2 submits that the petitioner has remedy under the Bihar Cooperative Societies Act, 1935 and relying upon Section 14(A) sub-Clause (6) of the Co-operative Societies Act, learned counsel submits that the election dispute can be raised by an aggrieved person by filing election petition before the Registrar, Cooperative Society under Section 48 of the Cooperative Societies Act, 1935.

In view of the submission made by learned counsel for the respondent No.1 and 2, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to file an election petition before the Registrar, Cooperative Society within a period of one month. Permission is accorded. Accordingly, this writ application is dismissed as withdrawn with the liberty aforesaid.

(Anil Kumar Sinha, J) sanjeev/- U