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Patna High CourtCWJC/23368/2019dismissed

Shankar Deyal Singh, v. The State Of Bihar

2019-11-28The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23368 of 2019 ====================================================== Shankar Deyal Singh, Son of Late Badri Singh @ Badri Nath Singh, Resident of Village-Rampur, P.O. and P.S.-Barahara, District-Bhojpur (Ara). ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary-cum-Principal Secretary, Department of Cooperative, Bihar, Patna. 3.

The Registrar Co-operative Society, Bihar, Patna. 4.

The Deputy Registrar Co-operative Society, Bihar, Patna. 5.

The District Collector, Bhojpur, Ara.

6.

The District Co-operative Officer, Bhojpur at Ara. 7.

The Assistant Registrar Co-operative Society, Bhojpur at Ara. 8.

The Block Development Officer, Barahara, Bhojpur. 9.

The Block Co-operative Officer, Barahara, Bhojpur. 10.

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

11.

The Chairman Primary Agriculture Credit Co-operative Society Barahara Grampanchayat and Block and P.S.-Barahara, District-Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maya Shankar Mishra, Adv.

For the Respondent/s :

Mr.Amit Prakash ( GA 13 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

This is an application by way of Public Interest Litigation for the following reliefs:

Patna High Court CWJC No.23368 of 2019(2) dt.28-11-2019 2/3 For issuance of a writ in the nature of mandamus directing and commanding the respondents for inclusion of the names of 139+68=207 members of Barahara PACS in Barahara PACS Election the voter list 2019 which was going to be finally published on 09.11.2019 as the name of said 139 members out of 207 were illegally and arbitrarily removed from voter list of Barahara PACS Election-2019 which was published on 18.10.2019 fixing cut off date as 16.10.2019 as the name of 139 members were included in Barahara PACS Election voter list2014 and further directing the respondents to include the names of rest 68 members in the voter list of Barahara PACS Election2019 as order dated 17.10.2014 was passed by this Hon'ble Court in C.W.J.C. No.17959/2014 but the names of rest 68 candidates out of 207 candidates were not included in the list of member of Barahara PACS published on the basis of cut off date 16.10.2019.

Learned counsel for the petitioner seeks permission to withdraw the petition with liberty to represent before the appropriate authority.

Permission granted.

The present application is, accordingly, dismissed as withdrawn reserving the liberty to the petitioner to file

Patna High Court CWJC No.23368 of 2019(2) dt.28-11-2019 3/3 appropriate representation before the appropriate authority within a period of four weeks. If such a representation is filed by the petitioner within the time stipulated, the authorities are directed to consider the same and dispose it of expeditiously and preferably within a period of three months thereafter. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U