Dhirendra Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20077 of 2014 ======================================================
1. Dhirendra Kumar Son of Ram Swarup Ray Resident of Village/Mohalla - Tepri, Block - Bandra, Police Station - Pear, District - Muzaffarpur.
2. Sashi Ranjan Kumar Son of Amrendra Kumar Thakur Resident of Village/Mohalla - Pandey Tola, Tepri, Block - Bandra, Police Station - Pear, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar Election Authority, 32 Harding Road, Patna - 800001, represented through its Secretary, the Bihar Election Authority, 32, Harding Road, Patna - 800001.
3. The District Co-operative Officer, Muzaffarpur.
4. The Block Co-operative Officer, Bandra, Muzaffarpur.
5. The Returning Officer-cum-Block Development Officer, Bandra, Muzaffarpur.
6. The Primary Agriculture Co-operative Society, Bandra DistrictMuzaffarpur through its Secretary Block Co-operative Society, Bandra, Muzaffarpur.
7. The Chairman, Primary Agriculture Co-operative Society, Bandra Block, District - Muzaffarpur.
8. Ram Chandra Rai Son of Bitai Rai Resident of Village - Tepri, P>S. - Piar, District - Muzaffarpur, the elected Chairman of Tepri PACS. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kailash Nath Diwakar, Adv. For the Respondent/s : Mr. Nasim Yahya, G.P.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-02-2016 While informing that the advocate on record has deceased, a prayer has been made by Mr. Raju Kumar for time for filing a fresh Vakalatnama.
While not contesting the prayer for adjournment made by learned counsel for the petitioner it is submitted by learned counsel for the State that the writ petition itself is not maintainable
Patna High Court CWJC No.20077 of 2014 (2) dt.16-02-2016 2/2 for the petitioner raises an election dispute. Considering that the petitioner seeks to raise election dispute by way of a writ petition which in view of the provisions underlying Section 14A (6) of the Cooperative Societies Act read with Section 10 of the Bihar State Election Authority Act, 2008 lies before the authority prescribed under the enactments and not by way of writ petition, this writ petition being held misconceived is disposed of accordingly.
(Jyoti Saran, J) Bibhash/- U