Rajiv Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8154 of 2014 ====================================================== Rajiv Kumar Singh S/o Late Chandra Prasad Singh @ Chandra Mahaldar resident of village - Basuhar Majadia, P.O. M.T. Devipur, P.S. Kursaila, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Registrar Cooperative Societies, Bihar, Patna

3. The Joint Registrar, Co - Operative Societies, Purnea Division, Purnea

4. The Block Development Officer - cum - Election Officer, Kursaila Prakhand Matsyajivi Sahyog Samiti Ltd. P.O. and P.S. Kursaila, District - Katihar

5. The Bihar State Election Authority through its Secretary Hardinge Road, Patna

6. The Chief Election Officer, Bihar State Election Authority, Hardinge Road, Patna

7. Kursaila Prakhand Matsyajivi Sahyog Samiti Ltd. through its Administrator, P.S. Kursaila, District - Katihar

8. Gopi Mahaldar S/o Late Fakir Mahaldar

9. Guddu Kumar Singh S/o Shankar Singh

10. Smt. Sunita Devi W/O Arun Singh Respondent No. 8 to 10 are Resident of Village and P.O. Katria, P.S. Kursaila, District - Katihar

11. Shankar Mahaldar S/o Late Mohan Mahaldar R/o of Village - Madheli, P.O. Jalrahi, P.S. Kursaila, District - Katihar

12. Ranjit Singh S/o Jaichand Singh

13. Shukraj Singh S/O Late Doman Singh

14. Gaurav Kumar S/o Dinesh Singh Respondent No. 12 to 14 are Resident of Village and P.O. Katria, P.S. Kursaila, District - Katihar

15. Toofani Mahaldar S/O Duluchu Mahaldar

16. Pankaj Mahaidar S/o Budhan Mahaldar Respondent No. 15 to 16 are Resident of Village - Balthi Mahehpur, P.S. Kursaila, District - Katihar

17. Raj Kumar Mahto S/o Kishan Mahto resident of village - Gandhi Gram, P.O. A.G. Bazar, P.S. Kursaila, District - Katihar

18. Raju Nishad S/o Late Lalu Nishad resident of village - Kursaila Basti, P.S. Kursaila, District - Katihar

19. Ashok Kumar Singh S/o Bhudev Mahaldar

20. Akhilesh Mahaldar S/o Sattan Mahaldar

21. Binod Mahaldar S/o Late Nevi Mahaldar

22. Santosh Mahaldar S/o Umesh Mahaldar Respondent No. 19 to 22 are Resident of Village - Majadia, P.O. M.T. Devipur, P.S. Kursaila, District - Katihar .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr. Raj Nandan Prasad, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-10-2015 Heard Mr. Mukesh Kumar, learned counsel appearing

Patna High Court CWJC No.8154 of 2014 (6) dt.07-10-2015 for the petitioner and learned counsel for the State. Though served the private respondents have not chosen to appear. The petitioner is aggrieved by the order dated 21.3.2013 passed by the Joint Registrar, Co-operative Societies, Purnea Division, Purnea in Election Dispute No. 1 of 2012 whereby the entire election to the Kursaila Prakhand Matasyajivi Sahyog Samiti Limited has been set aside inter alia on grounds of infracted voter list. Even the appeal so preferred by the petitioner has been dismissed by the Registrar in Election Appeal No. 47 of 2013 on grounds of maintainability.

I have heard learned counsel for the parties and I have perused the records. The only ground on which the election to the managing committee of the society has been set aside is, the allegedly infracted voter list. It is by virtue of the infirmities in the voter list which according to the prescribed authority included name of members who were ineligible that the entire election to constitute the Managing Committee of the Society has been set aside. The order is apparently illegal and cannot be upheld for an infracted voter list on its own cannot be a foundation to set aside the election as held by the Supreme Court in AIR 1977 SC 1992 (Chandan Kumar Singh vs. State). The view so expressed by the Supreme Court stands reiterated even thereafter in subsequent judgments reported in (2000) 8 SCC 46 (Shyamdeo Pd. Singh vs.

Patna High Court CWJC No.8154 of 2014 (6) dt.07-10-2015 Nawal Kishore Yadav) and which view has also been affirmed in (2010) 4 SCC 81 (Laxmi Kant Bajpai vs. Haji Yaqoob) when it has been the view of the Supreme Court that unless the election petitioner is able to demonstrate that the persons so ineligible have contributed to the success of the returned candidate, it cannot be a ground for setting aside the election.

In the present case the election petitioner does not dispute the election of any office bearer in particular rather he has questioned the constitution of the Committee as a whole in the election petition. In view of the stipulations so present in Section 10 and 12 of the Bihar State Election Authority Act, 2008, in my opinion, the election petition itself was not maintainable for it was not directed against any returned candidate. Thus neither on merits nor on the maintainability the election petition was worthy of indulgence and the Joint Registrar has perpetuated the illegality in allowing the prayer.

For the reasons aforementioned, the order dated 21.3.2013 passed by the Joint Registrar in Election Dispute No. 1 of 2012 is held unsustainable and is accordingly set aside. The writ petition is allowed. The Managing Committee stands restored. (Jyoti Saran, J) S.Sb/- U