Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19805 of 2019 ====================================================== Sanjay Kumar, Son of late Shri Upendra Yadav, Resident of Village- Rupauli, Panchayat- Sahuriya Purvi, Block- Saur Bazar, District- Saharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary Govt. of Bihar, Patna. 2.
Principal Secretary, Cooperative Department, Govt. of Bihar, Patna. 3.
Additional Secretary, Cooperative Department, Govt. of Bihar, Patna. 4.
Registrar, Cooperative Societies, State of Bihar, Patna. 5.
Deputy Registrar, Cooperative Societies, State of Bihar, Patna. 6.
District Cooperative Officer, Saharsa.
7.
Assistant Retgistrar, Cooperative Society, Saharsa. 8.
The District Magistrate, Saharsa.
9.
Commissioner Cum Nodal Officer, Kosi Commissionary, Kosi, Saharsa. 10.
Bihar State Election Authority through its Joint Secretary, Bihar, Patna. 11.
Block Development Officer Cum Block Election Officer, Saur Bazar, Saharsa.
12.
Chairman, Primary Agriculture Credit Cooperative Society, Sahauriya Purvi, Block- Saur Bazar, Saharsa.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Pankaj, Advocate For the Respondent/s :
Mr. Niraj Kumar Sinah, AC to PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-11-2019 Heard learned counsel for the petitioner and learned AC to PAAG-2 for the State.
2. The petitioner has moved the Court for the following reliefs:
"(A) To quash the entire voter list of Sahuriya Purvi Primary Agriculture Credit Cooperative Society Limited situated at
Patna High Court CWJC No.19805 of 2019 dt.29-11-2019 2/3 Block Saur Bazaar in the district of Saharsa in the interest of justice.
(B) To direct the respondents to conduct and enquiry in the preparation of the voter list of Sahuriya Purvi Primary Agriculture Credit Cooperative Society (hereinafter referred as PACCS), which is malignant in the eye of law.
(C) To direct the respondents to grant Full Membership status to the petitioner in Sahuriya Purvi PACCS.
(D) To direct the respondents to make all the members as Full Member as there is no such provision in the Bihar Cooperative Societies Act, 1935 & Bihar Cooperative Society Rules, 1959.
(E) To direct the respondents to produce the Bye Laws of the Sahuriya Purvi PACCS before this Hon'ble Court.
(F) To direct the Respondents for any other relief or reliefs for which the petition is found entitled in the facts and circumstances of the case."
3. It has been brought to the notice of the Court that on 18.11.2019, a Division Bench of this Court in the case of Gajendra Singh Vs. State of Bihar and ors. (CWJC No.22149 of 2019), praying for similar relief, has declined to interfere on account of election having been notified on 31st October, 2019, which is also applicable in the present case. It was submitted that the said person has been given liberty to move before the authority concerned. It was submitted that letter no.1841 dated 16.11.2019 of the State Election Authority deals with the issue.
4. In view thereof, the writ petition stands disposed
Patna High Court CWJC No.19805 of 2019 dt.29-11-2019 3/3 off in terms of the order passed in the case of Gajendra Singh (supra).
(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U