Ashok Kumar And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.20152 of 2014 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20152 of 2014 ======================================================

1. Ashok Kumar son of Ram Chandar Thakur resident of Village/MohallaSundarpur, Ratwara, Block- Bandra, District- Muzaffarpur

2. Dilip Kumar son of Sri Mithu Lal Chaudhary resident of Village/Mohalla- Simra, 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. Pramod Thakur son of Ravindra Nath Thakur, Resident of VillageRatwara, P.S.- Piar, District- Muzaffarpur, the elected Chairman of VillageRatwara .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kailash Nath Diwakar, Adv. For the Respondent/s : Mr. P.N. Shahi, AAG 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-02-2016 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.

The writ petition being misconceived is disposed of accordingly.

Bibhash/- (Jyoti Saran, J) U