Rajesh Roy v. The State Of Bihar And ORS

Patna High Court CWJC No.19685 of 2014 (2) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19685 of 2014 ====================================================== Rajesh Roy, son of Police Roy, resident of village - Belhar, Post Office - Parihar, Police Station - Dariyapur, District - Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Saran at Chapra.

2. The Bihar State Election Authority, 32 Harding Road, Patna through its Chief Election Officer.

3. The District Magistrate, Saran at Chapra.

4. The Sub - Divisional Officer, Saran at Chapra.

5. The Block Development Officer -cum- Election Officer, Dariyapur, District - Saran.

6. Shobha Nath Roy, son of Late Ram Pravesh Roy, resident of village - Belhar, Police Station - Dariyapur, District - Saran at present Chairman of Dariyapur Primary Agriculture Credit Co-operative Society (PACS). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent-State : Mr. Rajiv Roy, GP-5 For State Election Authority : Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2016 Counsel for the parties are present.

Counsel for the State and the State Election Authority submits that the petitioner has questioned the election of the Barewa Gram Panchayat Primary Agriculture Credit Cooperative Society in the district of Saran by way of a writ petition.

Considering the submissions so made and in view of the provisions of section 14A of the Bihar Cooperative Societies Act, 1935 read with the provisions of sections 10 and 12 of the Bihar State Election Authority Act, 2008 the remedy for the petitioner lies elsewhere and not in writ jurisdiction. The writ petition is misconceived and is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- U