Abdul Qaiyum v. The State Election Authority And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20232 of 2014 ======================================================
1. Abdul Qaiyum Son of Md. Maniruddin Resident of Village and P.O. - Chanaman, P.S. - Pothia, District - Kishanganj. .... .... Petitioner/s
Versus
1. The State Election Authority, Bihar, Patna through the Secretary.
2. The Chief Election Officer, The State Election Authority, Bihar, Patna
3. The District Election Officer, Kishanganj, District- Kishanganj
4. The Returning Officer, PACCS Election Pothia Block-cum-Block Development officer, Pothia, District- Kishanganj
5. Md. Mahfooz Alam, son of Late Masiruddin, Resident of Village and P.O. Chanaman, P.S. Pothia, District- Kishanganj
6. Md. Zabir, son of Sri Gulabuddin, Resident of village- Babangaon, P.O.- Chanaman, P.S. Pothia, District- Kishanganj .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandan, Adv. For the Respondent/s : Mr. Mukesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-04-2015 This matter has been listed on the motion made by learned counsel for the petitioner.
The prayer made in this writ petition is to countermand the election held in respect of Tipijhari, Primary Agriculture Credit Co-operative Society under Pothia Block in the district of Katihar inter alia on ground that the voter list was prepared in gross violation of Rule 7 (4) of the Bihar Cooperative Societies Rules, 1959 framed under Section 66 of the Bihar Cooperative Societies Act.
The election having been held, the remedy for the petitioner
Patna High Court CWJC No.20232 of 2014 (8) dt.08-04-2015 2 / 2 lies by way of an election dispute to be raised under Section 12 read with Section 10 of the Bihar State Election Authority Act, 2008 and Section 48 of the Bihar Cooperative Societies Act, 1935 and the rules framed thereunder.
The petitioner if so advised may take recourse to the remedy so available to him and the writ petition is accordingly disposed of.
(Jyoti Saran, J) Bibhash/- U