Awadhesh Kumar Singh And ORS. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15743 of 2012 ======================================================
1. Awadhesh Kumar Singh, son of Late Harihar Prasad Singh, resident of Village- Madhura Simanpur, P.O. Dighi Simanpur, P.S.- Isepur Barahat, Pirpainti, District- Bhagalpur.
2. Ajay Tiwary son of Hare Ram Tiwary, resident of Village- Gouripur, P.O. - Mirza Chouki, P.S. -Isepur Barahat, District - Bhagalpur.
3. Ranjit Kumar, son of Late Bhola Prasad Sah, resident of Village Sermari, P.O. and P.S. Pirpainti , District- Bhagalpur.
4. Abhay Kumar, son of Kamlesh Mahto, resident of Village- Koria Chak, P.O. Ammapali, P.S.- Pirpainti, District- Bhagalpur.
5. Sumitra Devi, wife of Late Mahendra Prasad Singh, resident of VillageChandan Nagar, P.O. Rifarpur P.S. Isepur Barahat, Pirpainti, DistrictBhagalpur. .... .... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Registrar, Bihar Co-operative Societies, Patna. 3.
The Secretary, Bihar State Election Tribunal, Patna. 4.
District Magistrate -cum- District Electoral Officer, Bhagalpur. 5.
The Joint Registrar, Co-operative Society, Bhagalpur. 6.
The District Co-operative Officer, Co-operative Society, Bhagalpur. 7.
Block Development Officer -Cum- Electoral Officer, Pirpainti. 8.
Circle Officer -Cum- Election Officer, Pirpainti. 9.
The Administrator, Pirpainti Primary Agricultural Credit Society, Pirpainti.
10. Sri Barmeshwar Nath Tiwary, son of Late Chattu Tiwary, resident of Village and P.O. Ammapali, P.S. Pirpainti, Bhagalpur. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh For the Respondent/s : Mr. Girija Shankar Pd, GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-08-2015 Heard Mr. Abhay Kumar Singh, learned counsel appearing on behalf of the petitioners and learned counsel for the State.
Although the petitioners had moved this Court in the present writ petition praying for restraining the respondents from holding election to the post of Chairman and Managing
Patna High Court CWJC No.15743 of 2012 (2) dt.20-08-2015 Committee in respect of Pirpainti Block Vyapar Mandal Cooperative Society in the district of Bhagalpur until the voterlist is corrected by including the names of the petitioners as well as other persons but considering that not only the election has been held but also the Managing Committee has been constituted, the writ petition has been rendered infructuous. Mr. Abhay Kumar Singh, learned counsel appearing on behalf of the petitioners has raised an issue regarding denial of membership to a large number of farmers.
In so far as the issue of membership is concerned, the remedy for such aggrieved persons lies under Rule 7 of the Bihar Cooperative Societies Rules, 1959 framed under the Bihar Cooperative Societies Act, 1935 and the aggrieved persons, if so advised, may take recourse to the same.
However, in consideration of the prayer so made in the writ petition it has been rendered infructuous and is disposed of accordingly.
(Jyoti Saran, J) SKPathak/- U