Shyam Lal Chaudhary And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8087 of 2017 ===========================================================
1. Shyam Lal Chaudhary, Son of Late Rameshwar Chaudhary Resident of Village- -Rampur, P.O. + P.S.-Kudara, District-Kaimur (Bhabhua).
2. Singhasan Chaudhary, Son of Late Chaita Chaudhary, Resident of VillageRampur, P.O. +P.S.-Kudara, District-Kaimur (Bhabhua). .... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative Department, Bihar, Patna.
2. The Chief Election Officer of Bihar State Election Authority, 32 Harding Road, Patna.
3. The Registrar Co-operative Societies, Bihar, Patna.
4. The District Magistrate-cum-Election Officer, Kaimur (Bhabhua).
5. The District Co-operative Officer, Kaimur (Bhabhua).
6. The Block Development Officer-cum-Block Election Officer, Kudara, DistrictKaimur (Bhabhua).
7. The Co-operative Extension Officer, Kudara, District-Kaimur (Bhabhua).
8. The Kudara Prakhand Matasyajivi Sahyog Samiti Limited Kudara through its Secretary Pradeep Kumar, S/o Late Deo Nath Prasad Resident of VillageRampur, P.S.-Kudara, District-Kaimur (Bhabhua). .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the State :
Mr. T. N. Ambastha, Advocate For the SEC :
Mr. Mukesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-06-2017 Heard learned counsel for the petitioners and learned counsel for the State Election Authority.
2. Nobody appears on behalf of the State.
3. The petitioners are aggrieved by non consideration of their objection relating to their names being deleted from the voter list for election to Kudara Prakhand Matasyajivi Sahyog Samiti Limited, Kudara for the election 2017, though their names figured in
Patna High Court CWJC No.8087 of 2017 dt.28-06-2017 2/2 the list in the year 2012.
4. Learned counsel for the State Election Authority submitted that if the petitioners are able to show their bona fide by way of having receipt showing payment of membership fee and share money, they may be allowed to take part in the election.
5. In view thereof, the writ petition stands disposed off with liberty to the petitioners to appear before the respondent no. 6, along with evidence to show that they were members, during the time fixed for the election tomorrow, along with a copy of this order, may be web copy duly attested by them. Upon doing so, the respondent no. 6 shall look into the matter and shall take an appropriate decision. If it is found that the petitioners are able to satisfy the respondent no. 6 that they are genuine members, they would be allowed to vote in the said election and the voter list shall stand modified to such extent. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U