Manoj Kumar Singh v. The Bihar State Election Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9395 of 2015 ====================================================== Manoj Kumar Singh, son of Sheo Chand Choudhary, resident of VillageTurkwalia, P.O.- Ranjan Dih, P.S.- Rajpur, Block- Nasriganj, DistrictRohtas. .... .... Petitioner/s

Versus

1. The Bihar State Election Authority through its Secretary, 32 Harding Road, Patna- 1.

2. The District Magistrate cum District Returning Officer, Rohtas.

3. The District Co-operative Officer, Rohtas.

4. The Block Development Officer cum Block Returning Officer, Nasriganj, Rohtas.

5. The Block Co-operative Officer cum Block Alternate Returning Officer, Nasriganj, Rohtas.

6. Sanjay Singh, son of Late Basudeo Choudhary, resident of VillageTurkwalia, P.O.- Ranjan Dih, P.S.- Rajpur, Block- Nasriganj, DistrictRohtas.

7. Turkwalia Milk Producers Co-operative Society Ltd. through its Secretary, Turkwalia, P.O. - Rajan Dih, P.S. - Nasriganj, Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey Mr. Rakesh Narayan Singh For the Respondent-State : Mr. Manish Kumar, GP-8 For State Election Authority : Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-11-2015 Heard the parties.

The grievance of the petitioner is that without publication of election programme that the election to the post of Chairman, Turkauliya Milk Producers Cooperative Society Limited has been held by the State Election Authority and due to this lapse the petitioner has not been able to file his nomination. A counter affidavit has been filed by the State Election Authority and in which the entire allegations have been

Patna High Court CWJC No.9395 of 2015 (6) dt.02-11-2015 denied. It is stated that vide notification bearing no.320 dated 7.4.2015 the election programme was published and the name of the society in question is appearing at serial no.1 of the list attached to the notification placed at Annexure-A to the counter affidavit. With reference to the election programme placed at Annexure-A it is stated in paragraph 7 that the date of nomination, the date of scrutiny, the date of withdrawal of nomination and the date of election has been clearly mentioned which was also pasted on the notice board of the Block. It is thus stated that the allegation of the petitioner that without any notification the election has been held does not hold substance. It is also stated that despite the position the petitioner has not chosen to file his nomination for which he himself is liable. The counter affidavit has not been contested by the petitioner. In the circumstances, I am not persuaded to grant indulgence to the relief prayed.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U