Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15112 of 2023 ====================================================== Ajay Kumar Son of Late Laxuman Singh, Resident of Village- Sonpur, P.S.- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co operative Dept. Govt. of Bihar, Patna.

2.

Registrar Cooperative Societies, Bihar, Patna. 3.

Bihar State Milk Cooperative Federation Ltd, Dairy Development Complex, P.O.- Bihar Vetenary College, Patna.

4.

Managing Director, Bihar State Milk Cooperative Federation Ltd, Dairy Development Complex, P.O.- Bihar Vetenary College, Patna. 5.

Bihar State Election Authority, through its Chief Election Officer 32 Harding Road, Patna.

6.

Sahabad Dugadh Utapadak Sahkari Sangh Ltd. Ara, through its Managing Director.

7.

Administrator Sahabad Dugadh Utapadak Sahkari Sangh Ltd. Ara, through its Managing Director.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Prasad Choudhary, Advocate :

Mr. Rakesh Ranjan, Advocate For the Res. no.3, 4, 6 and 7 :

Mr. Nikesh Kumar, Advocate For the Respondent/s :

Mr. Sushil Kumar, GP- 22 :

Mr. Rakesh Ranjan, AC to GP-22 For the Res. no.5 :

Mr. Mukesh Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2023 Mr. Rajesh Prasad Choudhary along with Mr. Rakesh Ranjan, learned counsels appearing on behalf of the petitioner, Mr. Nikesh Kumar, learned counsel for respondent nos.3, 4, 6 and 7, Mr. Sushil Kumar (GP 22) with Mr. Rakesh Ranjan (AC to GP 22), learned counsel for the respondents and Mr. Mukesh Thakur, learned counsel for respondent no.5.

2. Mr. Nikesh Kumar, learned counsel appearing on

Patna High Court CWJC No.15112 of 2023(3) dt.18-12-2023 2/2 behalf of the respondent nos.3, 4, 6 and 7 informed this Court that the State Election Authority vide letter no.2004 dated 12.10.2023 had already requested to the Managing Director to send requisition for holding election of Sahabad Dugadh Utapadak Sahkari Sangh Ltd., Ara.

3. The period of erstwhile Board of Directors had expired on 11.09.2023.

4. Considering the aforesaid fact and the record, which reveals that the period of the Board expired on 11.09.2023 and the Managing Director, who was holding the office at the relevant point of time, had acted in irrational manner by not sending the proposal suo moto, the present Managing Director is directed to send the requisition to the State Election Authority expeditiously within a period of one week without fail for holding of fresh election of the Board.

5. In case of failure, the petitioner may take appropriate legal action against the concerned authority.

6. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J.) Ashishsingh/- U