Sanjay Kumar And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10037 of 2018 ===========================================================

1. Sanjay Kumar, aged about 48 years, S/o Late Basisth Narayan Rai, R/o Lohiya Nagar, P.S- Town, District- Begusarai. Representative Gandhi Sahkari Grih Nirman Samittee, Begusarai.

2. Devendra Prasad Sinha, S/o Late Nand Kishore Prasad, R/o Lohiya Nagar, P.S.- Town, District- Begusarai, Secretary, Lohiya Nagar Sahkari Grih Nirman Samiti, Begusarai.

3. Vivek Kumar, S/o Devendra Prasad Sinha, R/o Lohiya Nagar, P.S.- Town, District- Begusarai, Secretary Harhar Mahadeo Chowk Sahkari Grih Nirman Samittee, Begusarai.

4. Krishna Kumar Singh, S/o Late Hargobind Singh, R/o Lohiya Nagar, P.S.- Town, District- Begusarai, Secretary, Subhash Nagar Sahkari Grih Nirman Samittee, Begusarai.

5. Ram Baran Singh, S/o Late B.R. Singh, R/o Village- Keshaly, P.S.- Muffassil, District- Begusarai, The Chairman- Swami Sahjanand Sahkari Grih Nirman Samittee.

6. Nitu Singh, W/o Sanjay Kumar, R/o Lohiya Nagar, P.S.- Town, DistrictBegusarai, Representative Ward No.-4, Sahkari Nirman Samittee, Begusarai. .... .... Petitioners

Versus

1. The Union of India, through the Secretary, Department of Agriculture, Cooperation and Former Welfare, Govt. of India, Krishi Bhawan, New Delhi.

2. The Central Registrar, Co-operative Society, Krishi Bhawan, New Delhi.

3. The Bihar State Housing Co-operative Federation Ltd. Lalit Bhawan, Bailey Road, Patna- 800014 through its Managing Director.

4. The Administrator, Bihar State Housing Co-operative Federation Ltd. Patna.

5. The Registrar, Co-operative Society, Bihar Vikas Bhawan, New Secretariat, Patna- 800001.

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

7. The Chief Election Officer, Bihar State Election Authority, 32, Harding Road, Patna.

8. The Asst. Election Officer, Bihar State Housing Co-operative Federation Ltd., Lalit Bhawan Patna.

9. The State of Bihar through the Principal Secretary, Department of Co-operative, Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Adv. Mr. Rakesh Kumar, Adv.

For Union of India : Mr. Kumar Priya Ranjan, Adv. For the Federation : Mr. Y.V.Giri, Sr.Adv. Mr. Purushottam Jha, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 28-05-2018

Patna High Court CWJC No.10037 of 2018 dt.28-05-2018 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel appearing for the petitioners duly assisted by Mr. Rakesh Kumar, Advocate on record, learned Counsel for the State and Mr. Y.V. Giri learned Senior Counsel assisted by Mr. Purushottam Jha, learned Counsel for the Cooperative Society.

The petitioners raise issues of irregularities in the conduct of the election, the details of which finds mention in the writ petition, but in my opinion, in the nature of the dispute so raised, the proper course for the petitioners would be by way of an election dispute for once the election is held, all issues connected therewith, requires a discussion only by way of election dispute and not in writ remedy. The petitioners, if so advised, may take recourse to the same. The Writ Petition is disposed of.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date29.05.2018 Transmission Date NA