Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4870 of 2024 ====================================================== Abhishek Kumar Son of Kaushal Kishor Singh, Resident of village- Rewa, P.O. Rewa, P.S. Saraiya, District -Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Cooperation, Government of Bihar, Patna.

3.

The Registrar, Cooperative Societies, Bihar, Patna. 4.

The Assistant Registrar, Cooperative Societies, Tirhut Division, Muzaffarpur 5.

The District Cooperative Officer, Muzaffarpur, District - Muzaffarpur. 6.

The Block Development Officer -cum-Returning Officer ( Cooperative), Saraiya Block, District - Muzaffarpur.

7.

The Block Cooperative Officer, Saraiya, District - Muzaffarpur. 8.

The Saraiya Block Vyapar Mandal, Cooperative Societies, Saraiya, District - Muzaffarpur through its Manager.

9.

The State Election Authority, Harding Road, Patna through the Chief Election Officer.

10.

The Secretary, The State Election Authority, Harding Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Ravi Kumar, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2024 Heard the parties.

2. Learned counsel appearing on behalf of the petitioner, Mr. Mangalam submits that now the only issue remains is that if any objection that is preferred before the authority:- (i) whether the same has to be taken to its logical conclusion or not;

Patna High Court CWJC No.4870 of 2024(2) dt.09-07-2024 2/2 (ii) and/or if the authority proceeded further without disposal of the objection, whether any action needs to be initiated against him/her or not.

3. Learned counsel appearing on behalf of the State Election Authority submits that certainly in such cases if the objection is on record, the same has to be taken to its logical conclusion.

4. In that background, the writ petition stands disposed of directing the petitioner to approach the respondent No. 9 alongwith the appropriate petition/annexures within a period of four weeks from today.

5. In case, he approaches the concerned authority in next four weeks, they are duty bound to take up the matter, notice the concerned parties and after hearing, pass an appropriate order expeditiously preferably within a period of four months from the date the petition is preferred before it.

6. So far as challenge to the election is concerned, the petitioner is free to take appropriate steps in accordance with law. (Rajiv Roy, J) Adnan/- U