Ashok Kumar Sah v. The Bihar State Election Authority Commission And ORS

Patna High Court CWJC No.19686 of 2014 (2) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19686 of 2014 ====================================================== Ashok Kumar Sah, Son of Raj Mohan Sah, resident of Mohalla - Sila Raghunathpur, P.O. Asaza, P.S. Routa, District - Purnea. .... .... Petitioner/s

Versus

1. The Bihar State Election Authority Commission, Bihar.

2. The State of Bihar through the Collector, District - Purnea.

3. The Election Officer cum S.D.O. Waisa, District Purnea. The Additional Collector, District - Madhepura

4. The Registrar Co-operative Society at Patna.

5. The Joint Registrar Co-operative Society, Purnea Division of Purnea.

6. The Block Development Officer, Block - Waisa, District - Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Respondent-State : Mr. Santosh Kumar Jha, GP-3 For State Election Authority : Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2016 Counsel for the parties are present.

Counsel for the State and the State Election Authority submit that the petitioner is aggrieved by the rejection of his nomination to the post of Adhyaksha of Gram Panchayat Kanphalia Primary Agriculture Credit Cooperative Society under Waisa Block in the district of Purnea.

In view of the provisions of section 14A of the Bihar Cooperative Societies Act, 1935 read with the provisions of sections 10 and 12 of the Bihar State Election Authority Act, 2008 the remedy for the petitioner lies elsewhere and not in writ jurisdiction.

The writ petition is misconceived and is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- U