Mantu Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17116 of 2024 ====================================================== 1.
Mantu Kumar Sharma Son of Late Nityanand Sharma, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 2.
Guddi Devi, wife of Late Nityanand Sharma, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 3.
Ajay Shankar Singh @ Ajay Shankar Sinh @ Ajay Shankar son of Rajnandan Singh @ Rajnandan Sinh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
... ... 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), Nalanda at Biharsharif, District-Nalanda at Biharsharif, 4.
The Assistant Registrar, Cooperative Socities, Nalanda at Biharsharif, District-Nalanda at Biharsharif.
5.
The District Cooperative Officer, Nalanda at Biharsharif, District-Nalanda at Biharsharif.
6.
The Block Development Officer cum Returning Officer, Cooperative Election 2024, Hilsa Block, District-Nalanda at Biharsharif. 7.
The Block Cooperative Officer, Hilsa, District-Nalanda at Biharsharif. 8.
Kamta Primary Agriculture Credit Cooperative Society, Kamta P.O. Kamta, P.S. and Block-Hilsa, District-Nalanda at Biharsharif, through its Chairman Sri Ravindra Singh (male), son of Late Bhola Singh, resident of Village and P.O. Kamta, P.S. Hilsa, District-Nalanda at Biharsharif. 9.
The State Election Authority, Bihar Patna through the Chief Election Officer, Bihar, Patna.
10.
The Secretary, The State Election Authority, Bihar Patna. 11.
Manju Devi, Wife of Dinesh Singh, resident of Village and P.O.-Kamta, P.S.- 12.
Ranjit Kumar, son of Ram Narayan Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 13.
Mritunjay Kumar, son of Ranjit Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
14.
Atul Kumar, son of Suresh Singh, resident of Village and P.O.-Kamta, P.S.- 15.
Jeevika Kumari, wife of Atul Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
16.
Sunil Singh, son of Kamla Singh, resident of Village and P.O.-Kamta, P.S.-
2/8 17.
Brijnandan Singh, son of Padarath Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 18.
Khusbu Kumari wife of Awanish Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 19.
Khusbu Kumari, daughter of Brijnandan Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 20.
Pawan Kumar, son of Dilkeshwar Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
21.
Manorma Devi, Wife of Pawan Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
22.
Dhanraj Sharma, son of Tapeshwar Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 23.
Rebi Devi, Wife of Dhanraj Sharma, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
24.
Suman Kumar, son of Om Prakash, resident of Village and P.O.-Kamta, P.S.- 25.
Aniket Kumar, Dhanraj Sharma, resident of Village and P.O.-Kamta, P.S.- 26.
Navin Kumar, son of Naresh Sharma, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
27.
Aditya Kumar, son of Mahesh Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
28.
Dharmendra Kumar, son of Vijay Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
29.
Muskan Kumari, daughter of Dharmendra Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 30.
Rimjhim Kumari, Daughter of Dharmendra Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 31.
Dolly Kumari, daughter of Dharmendra Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 32.
Murli Manohar son of Dharmendra Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 33.
Ridh Rani, daughter of Dharmendra Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 34.
Sidhi Rani, daughter of Dharmendra Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 35.
Gopal Kumar, son of Umesh Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
36.
Amit Kumar, son of Mahesh Singh, resident of Village and P.O.-Kamta, P.S.- 37.
Akhilendra Kumar, son of Suresh Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
38.
Soni Kumari, wife of Akhilendra Kumar, resident of Village and P.O.-
3/8 Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 39.
Kundan Kumar, son of Vijay Singh, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
40.
Archana Devi, wife of Kundan Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
41.
Devmani Kumar, son of Vijay Narayan Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 42.
Priti Kumari, Daughter of Vijay Narayan Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 43.
Nirmala Devi, Wife of Vijay Narayan Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 44.
Muskan Kumari, daughter of Manoj Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 45.
Frooty Kumari, daughter of Gaurav Kumar, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 46.
Shivangi Mishra, wife of Karan Kumar, resident of Village and P.O.-Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif.
47.
Raj Sharma, son of Manoj Kumar, resident of Village and P.O.-Kamta, P.S.- 48.
Anupam Kumar Sharma, son of Mahesh Singh, resident of Village and P.O.- Kamta, P.S.-Hilsa, District-Nalanda at Biharsharif. 49.
Priyanka Kumari, Wife of Pawan Kumar, resident of Village-Madarpur, P.O.-Bhobhi, P.S.-Hilsa, District-Nalanda at Biharsharif. 50.
Munni Devi, Wife of Rajaram Prasad, resident of Village-Madarpur, P.O.- Bhobhi, P.S.-Hilsa, District-Nalanda at Biharsharif. 51.
Janardan Prasad, son of Tarachand Prasad, resident of Village-Madarpur, P.O.-Bhobhi, P.S.-Hilsa, District-Nalanda at Biharsharif. 52.
Anil Kumar, son of Tarachand Prasad, resident of Village-Madarpur, P.O.- Bhobhi, P.S.-Hilsa, District-Nalanda at Biharsharif. 53.
Ram Prasad, son of Manshi Thakur, resident of Village-Madarchak, P.O.- Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 54.
Shanti Devi, Wife of Ram Prasad, resident of Village-Madarchak, P.O.- Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 55.
Sanjay Prasad, son of Rambilash Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 56.
Sudama Prasad, son of Rambilash Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 57.
Chandrasheela Devi, Wife of Sanjay Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 58.
Mantu Kumar, Son of Sanjay Prasad, resident of Village-Banwaripur, P.O.- Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 59.
Saraswati Devi, Daughter of Sanjay Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif.
4/8 60.
Pawan Kumar, son of Ashok Kumar, resident of Village-Banwaripur, P.O.- Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 61.
Shakuntala Devi, Wife of Ashok Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 62.
Ashok Prasad, son of Ramnandan Prasad, resident of Village-Banwaripur, P.O.-Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 63.
Pinki Kumari, Wife of Pawan Kumar, resident of Village-Banwaripur, P.O.- Hilsa, P.S.-Hilsa, District-Nalanda at Biharsharif. 64.
Akhilesh Singh, son of Kamla Singh, through the Chairman Kamta Primary 65.
Ranjit Kumar, son of Shivdhari Singh, through the Chairman Kamta Primary 66.
Shailendra Kumar, son of Sonu Singh, through the Chairman Kamta Primary 67.
Sadhna Devi, Wife of Akhilesh Sharma, through the Chairman Kamta 68.
Baby Kumari, Daughter of Kamla Singh, through the Chairman Kamta 69.
Ramnaresh Singh, son of Ramanand Singh, through the Chairman Kamta 70.
Kamla Singh, son of Jagdeo Singh, through the Chairman Kamta Primary 71.
Ravindra Singh, son of Bhola Singh, through the Chairman Kamta Primary 72.
Surendra Singh, son of Kamla Singh, through the Chairman Kamta Primary 73.
Mahesh Singh, son of Shivdani Singh, through the Chairman Kamta Primary 74.
Shivdhari Singh, son of Kamla Singh, through the Chairman Kamta Primary 75.
Mangal Singh, son of Bhola Singh, through the Chairman Kamta Primary 76.
Sita Devi, Wife of Ravindra Singh, through the Chairman Kamta Primary
5/8 77.
Manoj Kumar, son of Ravindra Singh, through the Chairman Kamta Primary 78.
Sita Devi, Wife of Mangal Singh, through the Chairman Kamta Primary 79.
Renu Devi, Wife of Manoj Kumar, through the Chairman Kamta Primary 80.
Santosh Kumar, son of Surendra Singh, through the Chairman Kamta 81.
Rajiv Kumar, son of Krishna Singh, through the Chairman Kamta Primary 82.
Balmiki Sharma, son of Shivnandan Sharma, through the Chairman Kamta 83.
Gaurav Kumar, son of Satyendra Singh, through the Chairman Kamta 84.
Manish Kumar, son of Manoj Kumar, through the Chairman Kamta Primary 85.
Sanju Devi, wife of Manoj Kumar, through the Chairman Kamta Primary 86.
Chandani Kumari, Wife of Gautam Kumar, through the Chairman Kamta 87.
Surajmani Devi, wife of Nunu Singh, through the Chairman Kamta Primary 88.
Sunaina Devi, Wife of Bindeshwari Sharma, through the Chairman Kamta 89.
Indresh Devi, wif eof Rambharos Sharma, through the Chairman Kamta 90.
Lalsa Devi, wife of Devi Dayal Sharma, through the Chairman Kamta 91.
Ravindra Kumar, son of Bindeshwari Sharma, through the Chairman Kamta
6/8 92.
Manish Kumar, son of Ashok Sharma, through the Chairman Kamta Primary 93.
Guddi Kumari, wife of Ranjit Kumar, through the Chairman Kamta Primary 94.
Pinki Kumari, wife of Shailendra Kumar, through the Chairman Kamta 95.
Juhi Kumari, wife of Shivdhari Singh, through the Chairman Kamta Primary 96.
Satyendra Kumar, son of Shiv Sharma, through the Chairman Kamta 97.
Ashok Sharma, son of Lalit Sharma, through the Chairman Kamta Primary 98.
Ravindra Kumar, son of Shiv Sharma, through the Chairman Kamta Primary 99.
Baby Devi, wife of Kamla Singh, through the Chairman Kamta Primary .
Khusbu Kumari, wife of Pinku Sharma, through the Chairman Kamta .
Nitu Kumari, wife of Gaurav Kumar, through the Chairman Kamta Primary .
Pinku Kumari, wife of Surendra Singh, through the Chairman Kamta .
Mona Kumari, wife of Ashok Singh, through the Chairman Kamta Primary .
Nilu Devi, wife of Vijay Sharma, through the Chairman Kamta Primary .
Sapna Kumari, Wife of Manoj Kumar, through the Chairman Kamta Primary .
Raj Kumar, son of Manoj Kumar, through the Chairman Kamta Primary
7/8 .
Abhishek Kumar, son of Akhilesh Sharma, through the Chairman Kamta .
Ankit Kumar, son of Akhilesh Sharma, through the Chairman Kamta .
Sidhi Rani wife of Ankit Kumar, through the Chairman Kamta Primary .
Gulshan Kumar, son of Uday Singh, through the Chairman Kamta Primary
111. Sushma Devi, Wife of Kamla Singh, through the Chairman Kamta Primary .
Sanu Kumar, son of Rajesh Sharma, through the Chairman Kamta Primary .
Nagina Devi, wife of Bhola Singh, through the Chairman Kamta Primary ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awnish Kumar, Adv.
For the Respondent/s :
Mr. Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-11-2024 Heard the parties.
2. Learned counsel for the petitioners has submitted that the membership application of these petitioners was rejected by the Committee on the ground that their family members were already members of the Committee and as per clause 5(1) of the By-Laws of the Society only one adult member of a family can become member of the Society. The second reason for rejection of their membership application is
8/8 that it was not filed in the light of direction of this Court's order dated 27.07.2019/27.08.2019 passed in C.W.J.C. No. 14396 of 2019.
3. Learned counsel for the State Election Authority submits that the order whereby the application of the petitioners was rejected, has been appealed against and the appeal is still pending before the Appellate Authority.
4. The Appellate Authority is directed to dispose of the appeal expeditiously as early as possible before commencing of the nomination process.
5. With this observation, the writ petition stands disposed of.
(Nawneet Kumar Pandey, J) Arish/- U T