Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.858 of 2025 In Civil Writ Jurisdiction Case No.732 of 2025 ====================================================== Manoj Kumar Singh ... ... Appellant

Versus

The State of Bihar & Ors.

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Niranjan Kumar, Advocate For the Respondents :

Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 14-10-2025 This appeal has been preferred against the judgment dated 01.08.2025 in CWJC No.732 of 2025, passed by the learned Single Judge of this Court in which the writ petitioner prays for the following relief/s:- "(i) For issuance of writ in the nature of Mandamus for directing and commanding the responsible Respondent Authorities specially the Block Development Officer-cum-Election Officer, Nawanagar Block, DistrictBuxar (Respondent No. 10) to accept the nomination paper of the petitioner dated 10.01.2025 to contest the election for the post of Chairman of Giridhar Baraon PACS, Block-Nawanagar, District- Buxar, in the interest of justice and securing the rights and entitlement of the candidate and voters guaranteed under Part-III of the Constitution of India under Article-

Patna High Court L.P.A No.858 of 2025(4) dt.14-10-2025 2/3 19(1)(a) and the Statutory rights incorporated under the Cooperative Societies Act, 2023 as well as securing the beauty of democratic process.

(ii) For staying the operation of the election process for the post of Chairman and Members of the Giridhar Baraon PACS, Block- Nawanagar under the District- Buxar for securing the beauty and objective of democratic process as well as the rights of the candidates and voters guaranteed under Article-19(1)(a) of the Constitution of India as well as the prevailing Act and Statutes, during the pendency of this writ application.

(iii) For issuance of direction to the higher officials or the responsible respondents to take punitive action against the Respondent No. 10, who has deliberately and willfully not accepted the nomination paper of the petitioner and flatly denied to accept the same in connivance with Private Respondent No.

12 having pecuniary interest, although on the scheduled time and date of nomination i.e. 11:00 A.M. to 04:00 P.M.

on 10.01.2025, the petitioner is present at the place/scheduled venue for filing the nomination paper by fulfilling each and every criteria having all documentations being the most eligible candidate for the post of Chairman of Giridhar Baraon PACS, i.e. Nawanagar Block, DistrictBuxar, which would be evident from the CCTV Footage of Nawanagar Block and the mandatory recording done by the authority concerned in pursuance of the guidelines issued by the Bihar State Cooperative Election Authority (Respondent No. 6). (iv) For any other relief or reliefs to which the petitioner is entitled for in the facts and

Patna High Court L.P.A No.858 of 2025(4) dt.14-10-2025 3/3 circumstances of the case."

2. We have examined the order passed by the learned Single Judge.

3. Learned counsel for the respondent-State submits that the election is already over and the results have also been declared. Learned counsel for the respondent-State further submits that the appellant/writ petitioner can avail the legal remedy by way of filing an election petition, if so advised.

4. Considering the fact that the election is already over and the results have already been declared, We leave it open to the appellant to exercise his legal rights as provided under law, if so advised.

5. Accordingly, the present appeal stands disposed of. (Sudhir Singh, J.) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U