Ajeet Kumar Bharti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5481 of 2015 ====================================================== Ajeet Kumar Bharti Son of Shri Sushil Yadav, resident of Village + P.O. - Pipra, Via- Chopra Ramnagar, P.S.- Banmankhi, District- Purnia. ... ... Petitioner

Versus

1. The State of Bihar through the Registrar, Co-operative Society, Bihar, Patna.

2. The District Magistrate-cum-Election Officer, Purnia.

3. The Joint Registrar, Co-operative Society, Purnia Division Purnia.

4. The Election Officer, PACS - cum- Block Development Officer, Banmankhi Block, District- Purnia.

5. The Block Co-operative Existence Officer (B. C. E. O.), Banmankhi Block, District- Purnia.

6. The Pipra Primary Agriculture Co-operative Society through its Manager.

7. The Bihar State Election Authority.

8. Mr. Tanvir Alam Son of Md. Nazirul Hasan, Resident of village- Bela Badan, P.O.- Pipra, District - Purnia

9. Sadan Kumar Son of Rajendra Sah, Resident of village + P.O.- Pipra, ViaChopra Ramnagar, P.S.- Banmankhi, District- Purnia.

10. Sanjay Kumar Son of Late Poshan Sah Resident of village + P.O.- Pipra, ViaChopra Ramnagar, P.S.- Banmankhi, District- Purnia.

11. Subodh Kumar Sah, Son of Late Ramadhih Sah Resident of village + P.O.- Pipra, Via- Chopra Ramnagar, P.S.- Banmankhi, District- Purnia. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pranav Kumar, Advocate Mr. Sumit Kumar Jha, Advocate For the State : Mr. Sriram Krishna, AC to SC 11 For Election Authority : Mr. Mukesh Kumar, Advocate For the respondent no.8 : Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 26-11-2018 The instant writ petition has been filed by the petitioner for quashing the order dated 11.03.2015 passed by the Joint

Patna High Court CWJC No.5481 of 2015 dt.26-11-2018 2/2 Registrar, Co-operative Societies, Purnea Division, Purnia whereby the election of the petitioner as a PACS Chairman, Pipra has been declared null and void on the ground that the petitioner was not a shareholder of the said co-operative society. 2.

In view of an equally efficacious statutory remedy being available to the petitioner under clause (6) of Section 48 of the Bihar Co-operative Societies Act, 1935, which prescribes that any person aggrieved by any decision given in dispute transferred or referred under clause (b) or (c) of subsection (2) of Section 48 may, within three months from the date of such decision, appeal to the Registrar and the petitioner having not availed of the same, I am not inclined to entertained the present application under extra-ordinary writ jurisdiction. 3.

Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J.) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date NA