Shiv Ballam Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.852 of 2015 ====================================================== Shiv Ballam Yadav son of Sri Deonandan yadav @ Ram Swaroop Yadav, Resident of village Khojpura, Gram Panchayat Jagpura, Police StationMakhdumpur, District- Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar Election Authority, 32, Harding Road, Patna-800001, represented through its Secretary, Bihar Election Authority, 32, Harding Road, Patna-800001
3. The District Election Officer cum District Magistrate, Jehanabad
4. The District co- operative Officer, Jehanabad
5. The Block Co-operative Officer, Makhdumpur, Distict Jehanabad
6. The Returning Officer-cum-Block Development Officer, Makhdumpur, District Jehanabad
7. Sri Bindeshwar Singh son of Dhanuk Singh, R/o Village- Jagpura, P.O.- Jagpura, P.S. - Makhdumpur, District- Jehanabad, Presently Chairman, Primary Agriculture Co-operative Society (PACS) Jagpura, Gram Panchayat Jagpura, Block and P.S- Makhdumpur,District Jehanabad. .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Respondent/s : Mr. S.P.Singh, G.A.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-03-2015 The petitioner is aggrieved by improper reception of the nomination of private respondent no. 7 in the election held in 2014 in respect of the Primary Agriculture Credit Co-operative Society, Jagpura in the District of Jehanabad.
Admittedly the election has been held and it is the contention of the petitioner that the nomination so filed by the private respondent suffers from suppression of material fact. That the election is over, hence in view of the provisions
Patna High Court CWJC No.852 of 2015 (2) dt.20-03-2015 underlying Section 12(d) (i) of the Bihar State Election Authority Act read with Section 48 of the Bihar Co-operative Societies Act, 1935 and Rule 21 thereof, the petitioner has his remedy before the appropriate statutory forum and he can take recourse to the same by raising an election dispute.
The writ petition is disposed of accordingly. (Jyoti Saran, J) S.Sb/- U