Lallan Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15638 of 2015 ====================================================== Lallan Kumar Singh son of Late Mani Prasad Singh, resident of village and P.O- Teliya Naugaon P.S.- Pulli Dumar, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate-cum-District Election Officer, Co-operative Societies, Banka.

3. The Joint Registrar, Cooperative Societies Bhagalpur Division, Bhagalpur.

4. The District Cooperative Officer, Banka.

5. The Block Development Officer-Cum- Returning Officer, Teliya Pahar PACS, Block Pulli Dumar, District- Banka.

6. Bihar State Election Authority, Patna.

7. Teliya Pahar Primary Agriculture Co-operative credit society (PACS) Pulli Dumar, District- Banka.

8. Sambhu Saran Yadav Son of Ram Chandra Yadav, Resident of VillageMautolis, P.O. Teila Maegaon, P.S. Pulli Dumar District- Banka .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sri Krishna Ranjan, Advocate For the Respondent/s : Mr. Nasim Yahya- Gp13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-10-2015 Heard Mr. Suraj Narayan Yadav, learned counsel for the petitioner, learned counsel for the State and the State Election Commission.

The petitioner is aggrieved by the order dated 22.6.2015 passed by the Joint Registrar, Cooperative Societies, Bhagalpur Division, Bhagalpur in Election Dispute Case No. 18 of 2014 whereby the election petition has been dismissed. The petitioner was a contestant to the post of

Patna High Court CWJC No.15638 of 2015 (2) dt.08-10-2015 Chairman, Teliya Pahar Primary Agriculture Co-operative Credit Society in the district of Bhalgalpur and has lost the election at the hands of the respondent no. 8 herein. He raises an issue of membership of the respondent no. 8 and charges him of being a co-opted member. Perusal of the impugned judgment manifests that on account of some lapse of the of the Block Development Officer in depositing the share money that such confusion arose which has been resolved as is manifest from the order impugned. The conclusion so drawn by the Joint Registrar is on the evidence of the Branch Manager who has deposed that the share money of the respondent no. 8 was found deposited on 31.7.2014 which is within the cut off date fixed for the purpose. No cause for any indulgence is made out. The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U