Kumari Mina v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10713 of 2020 ====================================================== Kumari Mina Wife of Fulkumar Yadav R/o Village-Karian, Block-Shivaji Nagar, P.S.-Rosra, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Co-operative, Bihar, Patna.

2.

The State Cooperative Officer cum State Election Officer, Department of Cooperative, Bihar, Patna.

3.

The District Magistrate-cum-Collector, Samastipur. 4.

The District Election Officer-cum-Block Development Officer, Shivaji Nagar, Samastipur.

5.

The Assistant Election Registration Officer, PACS, Samastipur. 6.

Ghuran Yadav, Son of Bathu Yadav, R/o Village-Damanpur, Shivaji Nagar, P.O. Nandi Nagar, P.S. Rosra, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Mushtaque Alam, Advocate For the Respondent/s :

Mr. Ravi Bhardwaj, A.C. to G.A.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2021 Heard Md. Mushtaque Alam, learned counsel for the petitioner and Mr. Ravi Bhardwaj, learned A.C. to G.A. 13 for the State through video conferencing.

2. The petitioner has preferred this writ application complaining about irregularity in the election process of Chairman of Kurian Primary Agriculture Society (PACS) held on 15.12.2019. The petitioner has contended that there was large scale irregularities in counting of votes.

3. Learned counsel for the State submits that the

Patna High Court CWJC No.10713 of 2020(2) dt.15-07-2021 2/2 petitioner has contested the election and if any irregularity has been committed in the election process, that can be challenged before the Registrar, Co-operative Society, under Section 48 of the Bihar Co-operative Societies Act, 1935 and the petitioner may be directed to take recourse to the election petition.

4. In view of the submission made by learned counsel for the Respondent-State, let the petitioner prefer an election petition before the competent authority in accordance with law.

5. This writ application is, accordingly disposed of.

(Anil Kumar Sinha, J) S.Ali/- U