Manoj Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20463 of 2014 ====================================================== Manoj Kumar Yadav, son of Sri Banarsi Yadav, resident of Village - Tetrahi, P.S. and Block- Khodawandpur, Sub-Division Manjhaul, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Election Authority, Patna.

3. The Chief Election Officer, Bihar State Election Authority, Patna.

4. The Registrar, Co-operative Societies, Govt. of Bihar, Secretariat, Patna.

5. The District Magistrate, Begusarai.

6. The District Co-operative Office Officer, Begusarai.

7. The Block Co-operative Officer, Khodawandpur, Begusarai.

8. The Block Development Officer cum Election Officer, Khodawandpur, Begusarai.

9. Ram Pravesh Mahto, son of Late Baldar Mahto, resident of Village Mirjapur, P.S. and Block- Khodawandpur, District - Begusarai.

10. Tarun Kumar Rasuan, son of Sri Gopal Prasad Singh, resident of Village -Mirjapur, P.S and Block Khodawandpur, District -Begusarai.

11. Rajni Ranjan Mahto, son of Late Nirju Mahto, resident of Village - Khuodawandpur, District - Begusarai.

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

For the Petitioner/s : Mr. Abhay Kumar Jha For the Respondent/s : Mr. Uma Shankar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-05-2015 Learned counsel for the parties are present.

The petitioner complains of irregularities in counting of votes in the cooperative election held for electing the Chairman of the Primary Agriculture Credit Cooperative Society, Bara in the district of Begusarai.

The issue raised in the writ petition is an election dispute and in view of the provisions underlying sections 10 and 12 of the Bihar State Election Authority Act, 2008 read with

Patna High Court CWJC No.20463 of 2014 (2) dt.08-05-2015 section 48 of the Bihar Cooperative Societies Act, 1935 and Rule 21-X of the Bihar Co-operative Societies Rules, 1959 the remedy for the petitioner lies before the statutory authority by raising an election dispute and, if so advised, he may take recourse to the same.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U