Ramji Prasad Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7248 of 2016 ====================================================== Ramji Prasad Sao, son of Late Badri Saw, resident of Village- Bakiya Bad, P.O.- Surari Imam Nagar, P.S.- Halsi, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

2. The Registrar, Co-operative Societies, Bihar, Patna.

3. The Joint Registrar, Registration Co-operative Societies, Bhagalpur Commissionery, Bhagalpur.

4. The District Magistrate, Lakhisarai-cum-Election Officer of the District for PACS Election.

5. District Co-operative Officer, Lakhisarai-cum-Election Officer of Surari Imam Nagar PACS.

6. Block Development Officer, Ramgarh Chowk, District- Lakhisarai.

7. The Assistant Election Officer, PACS Election-2014, Block- Ramgarh Chowk, PACS-Surari Imam Nagar, District- Lakhisarai. ..... ...... Respondent 1st Set.

8. Nil Ratan Kumar, son of Parsuram Singh, resident of VillageRamnagar, P.O.- Barhara, P.S.- Ramgarh Chowk, District- Lakhisarai by way of illegal PACS President of Surari Imam Nagar, DistrictLakhisarai. ..... Respondent 2nd Set.

9. Sidarth Shankar, son of Ramashankar Prasad Singh, resident of VillageRamnagar, P.O.- Barhara, P.S.- Ramgarh Chowk, District- Lakhisarai. ...... Respondent 3rd Set.

10. The Manager, Jamui Central Co-operative Bank Ltd. through its Branch Manager, Branch- Halsi, District- Lakhisarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat For the Respondent/s : Mr. Gyan Prakash Ojha, GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-04-2016 Heard Mr. Amrit Abhijat, learned counsel appearing for the petitioner, and learned counsel for the State. The petitioner is aggrieved by the order dated 2.2.2015/16.2.2015 of the Joint Registrar, Cooperative Societies, Bhagalpur Division, Bhagalpur passed in Election Case No.13

Patna High Court CWJC No.7248 of 2016 (2) dt.25-04-2016 of 2014, whereby the election case has been dismissed. The petitioner has questioned the election result on two grounds, namely:

(a) The addition of 172 members; and (b) The petitioner was driven out from the polling station at the time of counting.

In my opinion either of the two issues are not worthy of consideration for whereas inclusion of 172 members is in the light of the order passed by a Division Bench of this Court in a matter arising from 17931 of 2014 (Sidharth Shankar vs. The State of Bihar), in so far as the complaint of the petitioner that he was driven out from the polling station at the time of counting is concerned the impugned order reflects no evidenciary support.

No cause of indulgence is made out. The writ petition is dismissed.

(Jyoti Saran, J) SKPathak/- U