Prahlad Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15010 of 2015 ======================================================

1. Prahlad Rai S/o Late Basudeo Rai, resident of Village Dharampur, Deokuli, P.O. Kamrauli, P.S. Piprahi, District Sheohar, At present Manager, Sitamarhi Zila Khadi Gramodyog Sangh, Bajpatti, P.S. Bajpatti, District Sitamarhi.

2. Nand Kishore Thakur S/o Late Kamaldeo Sharma, resident of Village Mirzapur, P.O. Methaura, Bishanpur, P.S. Sitamarhi, District Sitamarhi, At present posted as Manager, Sitamarhi Zila Khadi Gramodyog Sangh, Sheohar, P.S. Sheohar, District Sheohar.

3. Chandeshwar Prasad S/o Sri Hari Narayan Mahto Resident of Village + P.O. Harivella, P.S. Bathnaha, District Sitamarhi, At present posted as Manager, Production Centre, Sitamarhi Zila Khadi Gramodyog Sang, Sitamarhi.

4. Sushil Paswan S/o Ram Autar Paswan Resident of Village Nonahi, P.O. Parihar, P.S. Parihar, District Sitamarhi at present posted at Sitamarhi Zila Khadi Gramodyog Sangh, Branch, Adhkhali Sutihara, P.S. Parihar, District Sitamarhi. All employees/Delegates of Sitamarhi Zila Khadi Gramodyog Sangh, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector/District Magistrate, Sitamarhi.

2. The Commissioner-cum-Chief Executive Officer, Khadi and Village Industries Commission, Irla Road, Vila Parle (West) Mumbai-400056.

3. The State Director, Khadi and Village Industries Commission, State Office, Near Veterinary College, Sheikhpura, Patna-800014.

4. The Secretary, Bihar Khadi Gramodyog Sangh, Sarvodya Gram, Kanhauli, P.O. Ramna, P.S. Mithanpura, District Muzaffarpur.

5. The Chairman, Sitamarhi Zila Khadi Gramodyog Sangh, Head Office Dhwaja Ashram, P.O. & District Sitamarhi, Pin Code 843302 (Bihar).

6. The Secretary, Sitamarhi Zila Khadi Gramodyog Sangh, Head Office Dhwaja Ashram, P.O. & District Sitamarhi, Pin Code 843302 (Bihar).

7. The then Election Officer, Sri Binod Kumar, Manager, Sitamarhi Zila Khadi Gramodyog Sangh, Pupri, District Sitamarhi. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Respondent Nos. 2 & 3: Mr. Dhanendra Coubey, Advocate For the State : Mr. Manindra Kishore Singh, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-09-2015 Although the writ petition was filed relying upon an

Patna High Court CWJC No.15010 of 2015 (3) dt.28-09-2015 order passed by this Court in CWJC No. 13232 of 2015 to complain that that the Commissioner, Khadi and village Industries is unnecessarily interfering in the matter relating to election of the Sitamarhi Zila Khadi Gramodyog Sangh but even while making such complaint, all that has been placed on record are minutes of meeting which nowhere suggests that the Commissioner, Khadi Village Industries has taken a lead to hold the election of the Sangh. Fact is that no election has been announced. The petitioner also raises issues against one Binod Kumar, but in my opinion at present no indulgence is required even to such complaint. Apparently, the writ petition at its present stage is premature and until such time that there are documents to show interference by the Commissioner, Khadi and Village Industries Commission, a mere discussion on the issues does not warrant indulgence at the present stage. The writ petition is thus disposed of leaving it open for the petitioner to reagitate the matter as and when the occasion would so arise.

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