Sarvesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16918 of 2024 ====================================================== 1.

Sarvesh Kumar Son of Bisheshwar Mistri Resident of Village- Netaul, P.O. Netaul, P.S. Kadirganj, District Patna.

2.

Pramod Kumar, son of Rajnandan Prasad, Resident of village- Netaul P.O. Netaul, P.S. Kadirganj District - Patna 3.

Krishnandan Prasad, son of Late Ghamandi Prasad, Resident of villageNetaul P.S. Kadirganj, P.O. Netaul, District Patna. 4.

Jayprakash Kumar, Son of Lalji Prasad, Resident of village- Janakpur P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 5.

Shankar Dayal, son of Laldeo Prasad, Resident of village- Janakpur, P.O. 6.

Dipu Kumar, son of Bundelal Prasad, Resident of village- Khadipur, P.O. Khalilabad Netaul P.S. Kadirganj, District - Patna. 7.

Vikash Kumar, son of Laljee Prasad, Resident of village- Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 8.

Sushma Kumari, wife of Vikash Kumar, Resident of village- Janakpur P.O. 9.

Santu Kumar, son of Yogendra Prasad, Resident of village- Khadirpur, P.O. Khalilabad Netaul P.S. Kadirganj, District - Patna. 10.

Afrina Khatoon wife of Md. Anwar, Resident of village- Netaul, P.O. 11.

Basanti Kumari, wife of Shankar Dayal, Resident of village- Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 12.

Anil Kumar, son of Lal Bihari Prasad, Resident of village- Khadirpur P.O. Netaul, P.S. Kadirganj, District - Patna.

13.

Vishnudev Vishwakarma, son of Visheshwar Mistri, Resident of village Netaul, P.O. Khalilabad Netaul, P.S. Kadirganj, District-Patna. 14.

Dharmendra Kumar, son of Satrudhan Prasad, Resident of villageKhadirpur, P.O. Netaul P.S. Kadirganj, District- Patna. 15.

Sita Devi wife of Vishundev Vishwakarma, Resident of village- Netaul P.O. Netaul, P.S. Kadirganj. District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Cooperative, Government of Bihar, Patna.

2.

The Registrar, Cooperative Societies, Bihar, Patna. 3.

The District Magistrate cum-District Election Officer (Cooperative), Patna, District- Patna.

4.

The Assistant Registrar, Cooperative Societies, Patna, District - Patna. 5.

The District Cooperative Officer, Patna, District Patna.

2/7 6.

The Block Development Officer-cum- Returning Officer Cooperative Election, Dhanarua Block, District - Patna.

7.

Mai Netaul Primary Agriculture Credit Cooperative Society, P.O. Netaul, P.S. Kadirganj, Block Dhanarua, District - Patna, through its Chairman Sri Rajiv Kumar (male), son of Late Arun Kumar, resident of village- Janakpur, 8.

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

9.

The Secretary, The State Election Authority, Bihar Patna. 10.

Ramrup Pandit, son of Sitaram Pandit, Resident of village Kadirganj, P.O. 11.

Malti Devi, wife of Ramrup Pandit, Resident of village Kadirganj, P.O. 12.

Prince Kumar, son of Ramrup Pandit, Resident of village- Kadirganj, P.O. 13.

Nibha Kumari, wife of Prince Kumar, Resident of village- Kadirganj, P.O. 14.

Pushpa Kumari daughter of Ramrup Pandit, Resident of village- Kadirganj, P.O. Khalilabad Netaul, P.S. Kadirganj District - Patna. 15.

Gayatri Devi wife of Ram Pravesh Das, Resident of village- Kadirganj, P.O. 16.

Jitendra Kumar, son of Ram Pravesh Das, Resident of village Kadirganj, 17.

Rinki Devi wife of Jitendra Kumar, Resident of village Kadirganj, P.O. 18.

Ram Swaroop Pandit son of Sitaram Pandit, Resident of village- Kadirganj, 19.

Bhola Kumar, son of Ramswaroop Pandit, Resident of village- Kadirganj, P.O. Khalilabad Netaul, P.S. Kadirganj. District - Patna. 20.

Nibha Kumari, wife of Bhola Kumar, Resident of village- Kadirganj. P.O. 21.

Mahadeo Kumar, son of Ramswaroop Pandit, Resident of village Kadirganj, 22.

Mohan Prasad, son of Damari Prasad, Resident of village Janakpur, P.O. 23.

Devrani Devi, wife of Mohan Prasad, Resident of village- Janakpur. P.O. 24.

Ranjeet Kumar, son of Mohan Prasad, Resident of village- Khadirpur, P.O. 25.

Rekha Devi, wife of Ranjeet Kumar, Resident of village- Janakpur, P.O. 26.

Ankit Kumar, son of Ranjeet Kumar, Resident of village- Janakpur, P.O.

3/7 27.

Ajit Kumar, son of Mohan Prasad, Resident of village- Janakpur, P.O. 28.

Mathura Prasad son of Damari Prasad, Resident of village Janakpur, P.O. 29.

Manju Devi, daughter of Mathura Prasad, Resident of village Khadirpur, P.O. Khalilabad Netaul, P.S. Kadirganj District - Patna. 30.

Rinku Kumari, daughter of Mathura Prasad, Resident of village Khadirpur, P.O. Khalilabad Netaul, P.S. Kadirganj District - Patna. 31.

Rinku Kumari, daughter of Mathura Prasad, Resident of village- Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 32.

Sunaina Devi, daughter of Mathura Prasad, Resident of Village- Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 33.

Manish Kumar, son of Arun Prasad, Resident of village- Janakpur, P.O. 34.

Rajesh Kumar, son of Arun Prasad, Resident of village Janakpur, P.O. 35.

Aditya Sarkar, son of Ravindra Kumar, Resident of village Kadirganj, P.O. 36.

Artiya Kumari, wife of Aditya Sarkar, Resident of village Kadirganj, P.O. 37.

Vijay Prasad, son of Sohrai Prasad, Resident of village Kadirganj, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 38.

Malti Devi, wife of Vijay Prasad, Resident of village- Kadirganj, P.O. 39.

Satyendra Prasad, son of Nanhak Prasad, Resident of village Kadirganj, P.O. 40.

Phulwa Devi, wife of Satyendra Prasad, Resident of village- Kadirganj, P.O. 41.

Bikram Kumar, son of Satyendra Prasad, Resident of village Kadirganj. P.O. 42.

Shanti Devi, wife of Bikram Kumar, Resident of village Kadirganj, P.O. 43.

Akhilesh Kumar, son of Late Ramnandan Paswan, resident of village Netaul, P.O. Netaul. P.S. Kadirganj District- Patna.

44.

Pinki Kumari, wife of Akhilesh Kumar, Resident of village- Netual, P.O. Netaul, P.S. Kadirganj. District- Patna.

45.

Pranav Shankar Sharan, son of Keshwar Prasad, Resident of village Gonpura, P.O. Khalilabad Netaul, P.S. Kadirganj, District - Patna. 46.

Sujata Kumari, wife of Pranav Shankar Sharan, Resident of village Gonpura, 47.

Aditya Kumar, son of Pranav Shankar Sharan, Resident of village Gonpura, 48.

Damyanti Kumari, daughter of Pranav Shankar Sharan, Resident of village

4/7 Gonpura, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 49.

Keshwar Prasad, son of Bhikhari Prasad, Resident of village Gonpura, P.O. 50.

Kamlesh Prasad, son of Shobhit Prasad, Resident of village- Hasepur, P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 51.

Kanti Devi, wife of Kamlesh Prasad, Resident of village- Hasepur, P.O. 52.

Nawal Kishore Prasad, son of Girja Prasad, Resident of village- Janakpur P.O. Khalilabad Netaul, P.S. Kadirganj. District-Patna. 53.

Manju Devi, wife of Nawal Kishore Singh, Resident of village Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj. District - Patna. 54.

Surendra Prasad, son of Late Krishnadeo Prasad, Resident of villageJanakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District - Patna. 55.

Sumantri Devi wife of Surendra Prasad, Resident of village- Janakpur P.O. 56.

Sudhir Kumar, son of Surendra Prasad, Resident of village- Janakpur P.O. 57.

Navlesh Kumar, son of Mahendra Kumar, Resident of village Kadirganj P.O. Khalilabad Netaul, P.S. Kadirganj, District- Patna. 58.

Sandipa Kumari, wife of Navlesh Kumar, Resident of village -Kadirganj P.O. Khalilabad Netaul, P.S. Kadirganj. District- Patna. 59.

Nandlal Chaudhary, son of Chhotu Chaudhry, Resident of village Gonpura, 60.

Veena Devi, wife of Nandlal Chaudhary, Resident of village Gonpura, P.O. 61.

Krishnachandra Prasad, Son of Bhallu Das, resident of village Kadirganj 62.

Urmila Devi, wife of Krishnachandra Prasad, resident of village Kadirganj, P.O. Khalilabad Netaul, P.S. Kadirganj District - Patna. 63.

Shiv Shankar Pandit son of Ram Khelawan Pandit, Resident of village Netaul, P.O. Netaul, P.S. Kadirganj, District- Patna. 64.

Malti Devi, wife of Shiv Shankar Pandit, Resident of village- Netaul P.O. Netaul, P.S. Kadirganj District Patna.

65.

Vijay Pandit, son of Budhdeo Pandit, resident of village Kadirganj, P.O. 66.

Savita Devi, wife of Vijay Pandit, Resident of village Kadirganj, P.O. 67.

Runti Devi, wife of Arun Kumar, Resident of village Janakpur, P.O. 68.

Rajiv Kumar, son of Arun Kumar, Resident of village- Janakpur, P.O. 69.

Manoj Kumar, son of Arun Kumar, Resident of village- Janakpur, P.O.

5/7 70.

Tinki Kumari, wife of Manoj Kumar, Resident of village- Janakpur, P.O. 71.

Nageshwar Prasad @ Chandramani Singh, son of Damari Prasad, Resident of village- Janakpur, P.O. Khalilabad Netaul, P.S. Kadirganj, District - Patna. 72.

Rukmini Devi, wife of Nageshwar Prasad @ Chandramani Singh, Resident of village- Janakpur P.O. Khalilabad Netaul, P.S. Kadirganj, District Patna. 73.

Lakhandeo Prasad, son of Damari Prasad, Resident of village Janakpur, P.O. 74.

Suryamani Devi, wife of Lakhandeo Prasad, Resident of village- Janakpur, 75.

Bikram Kumar, son of Satyendra Prasad, Resident of village- Kadirganj, 76.

Shanti Devi, wife of Bikram Kumar, Resident of village- Kadirganj, P.O. 77.

Nagina Prasad, son of Congress Prasad, Resident of village Khadirpur, P.O. 78.

Babita Kumari, wife of Nagina Prasad, Resident of village- Khadirpur, P.O. 79.

Nande Kumar, son of Naresh Prasad, Resident of village Khadirpur, P.O. 80.

Kunti Devi, wife of Nande Prasad, Resident of village Khadirpur, P.O. 81.

Sunil Kumar, son of Ramdeo Pandit, Resident of village Kadirganj, P.O. 82.

Bimla Devi, wife of Sunil Kumar, Resident of village Kadirganj, P.O. 83.

Rohit Kumar, son of Sunil Kumar, Resident of village Kadirganj, P.O. 84.

Vijay Prasad, Son of Sohrai Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

85.

Malti Devi, Wife of Vijay Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

86.

Ramashray Prasad, Son of Deonandan Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna. 87.

Chhotan Prasad, Son of Devnandan Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna. 88.

Devendra Prasad, Son of Devnandan Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna. 89.

Artiya Kumari, Wife of Aditya Sarkar, through the Chairman, Mai Netaul

6/7 Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

90.

Aditya Sarkar, Son of Ravindra Kumar, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

91.

Sudhir Kumar, Son of Rajnandan Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

92.

Sujit Kumar, Son of Yadunandan Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

93.

Phulwa Devi, Wife of Satyendra Prasad, through the Chairman, Mai Netaul Primary Agriculture Credit Cooperative Society P.O. Netaul, P.S. Kadirganj, Block- Dhanarua, District - Patna.

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

For the Petitioner/s :

Mr.Awnish Kumar For the Respondent/s :

Mr.Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-10-2024 Learned counsel for the petitioner submits that the defects pointed out by the office have already been removed today itself.

2. Office is directed to verify the same and report if the defects still stand.

3. Learned counsel for the petitioner drew my attention towards Annexure-P-4 at page- 71, which is an application filed by the petitioner online, showing that his application for membership of the PACS was rejected by the managing committee on the ground that his mother and father are already members of the PACS. He has submitted further that

7/7 similar is the case with respondent Nos. 10 to 83 which shows that more than one member of the family has been granted membership and their names are there in the voter list of the PACS. He has next submitted that it is a dichotomy. If a number of members of a family have been given membership, then how the application of the present petitioner can be rejected on the ground that his parents are the members.

4. The petitioner is directed to raise his grievance before the Block Development Officer-cum- Returning Officer, Dhanarua Block, District- Patna, who shall decide his grievance/representation before commencement of the nomination process.

5. If Block Development Officer-cum-Returning Officer Cooperative Election, Dhanarua Block, District- Patna finds the ground taken by the petitioner valid, he shall not be at all debarred from participating in the election.

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

(Nawneet Kumar Pandey, J) kundan/- U