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Patna High CourtCWJC/284/2018disposed

M/S Sikandarpur Harijan Tola Prathamik Vidyut Kargha Sahyog Samiti Ltd. v. The State Of Bihar And ORS

2018-01-08The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.284 of 2018 ======================================================

1. M/s Sikandarpur Harijan Tola Prathamik Vidyut Kargha Sahyog Samiti Ltd. a Cooperative Society registered Under the Cooperative Societies Act, 1935 having its registered Office at Sikandarpur, Harijan Tola, Post-Mirjan Hat, P.S.-Mohahidpur, District-Bhagalpur .... Petitioner

Versus

1. The State of Bihar through Principal Secretary-Cum-Commissioner, Department of Cooperative, Government of BIhar, Patna.

2. The Bihar State Scheduled Caste Cooperative Development Corporation Ltd. at officer's Block A, Bailey Road, Patn through its Managing Director.

3. The Secretary, The Bihar State Scheduled Caste Cooperative Development Corporation Ltd. at Officer's Hostel Block A, Bailey Road, Patna.

4. The Bihar State Election Authority, Harding Road, Patna through the Chief Election Officer.

5. The District Cooperative Officer, Bhagalpur.

6. The District Magistrate, Bhagalpur .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gautam Kumar Kejriwal, Adv. For the Respondents : Mr. Raj Ballabh Pd.Yadav, AAG XI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-01-2018 This public interest litigation petition has been filed with a prayer to include the names of 32 Primary Cooperative Societies from Bhagalpur district in the voter list for election of the Bihar State Scheduled Castes Cooperative Development Corporation Limited.

Apart from the fact that a public interest litigation in the matter of election is not the proper remedy, it is for the Registrar of the Cooperative Societies or the electing body to look into the matter in issue pertaining to preparation of voter list. The matter is sent back to the Registrar, Cooperative Societies and the District Magistrate, Bhagalpur, who are the competent authorities to look into the matter in accordance with

Patna High Court CWJC No.284 of 2018 (2) dt.08-01-2018 2/2 law.

With the aforesaid observation, this application is disposed off.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) SA/- U