Bhavadish Chaudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.20759 of 2014 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20759 of 2014 ======================================================

1. Bhavadish Chaudhary son of late Ram Sagun Chaudhary Resident of village- Khash Tavaka tola Mulespur Panchayat- Khas Tavaka, south, P.S.- Bibhutipur, Dist- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Department of co-operative Society, Patna.

2. The Director through the co-operative Society Patna.

3. The Election Tribunal Department of co-operative Society Patna.

4. The Registrar Department of co-operative Society Patna.

5. The District Magistrate Samastipur

6. The District co-operative officer, Samastipur

7. The Block Development Officer cum Election officer Bibhutipur, Samastipur.

8. The Primary co-operative society Khash Tavaka South, Bibhutipur, Samastipur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha, Adv. For the Respondent/s : Mr. Avinash Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-02-2016 Heard.

The petitioner seeks to question the election of the Primary Agriculture Credit Cooperative Society, Khash Tavaka South, Bibhutipur in the district of Samastipur inter alia on grounds of infracted voter list.

In view of the provisions underlying Section 14A (6) of the Cooperative Societies Act read with Section 10 of the Bihar State Election Authority Act, 2008 the election dispute lies before the authority prescribed under the enactments and not by way of a writ petition.

The writ petition being misconceived is disposed of accordingly.

Bibhash/- (Jyoti Saran, J) U