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Patna High CourtCWJC/1073/2020disposed

Santosh Kumar Singh v. The State Of Bihar

2020-01-20Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1073 of 2020 ====================================================== 1.

Santosh Kumar Singh, aged about 38 years, male, Son of Gyaneshwar Prasad Singh Resident of Village Kudarbadha, Police Station- Garkha, District- Saran at Chapra.

2.

Kundan Kumar Singh, aged about 32 years, male, Son of Maharana Pratap Singh Resident of Village Salahan, Police Station Garkha, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Registrar, Co-operative Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna800001. 2.

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

3.

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

4.

The Joint Secretary, Bihar State Election Authority, 32, Harding Road, Patna.

5.

The District Magistrate-cum-District Election Officer, Saran at Chapra. 6.

The Block Development Officer-cum-Election Officer, Garkha, District Saran at Chapra.

7.

The District Co-operative Officer, Saran at Chapra. 8.

The Assistant Registrar, Co-operative Societies, Chapra, Anchal Chapra, District Saran at Chapra.

9.

The Branch Manager, Bihar State Cooperative Bank, Saran Anchal, District Saran at Chapra.

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

For the Petitioner/s :

Mr. Dinu Kumar, Advocate For the State :

Mr. Rakesh Ranjan, AC to GP 22 For the Election Authority :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-01-2020 Heard learned counsel for the petitioners; learned AC to GP 22 for the State and learned counsel for the State Election Authority.

Patna High Court CWJC No.1073 of 2020 dt.20-01-2020 2/3

2. The petitioners have moved the Court for the following reliefs:

(i) For commanding the respondents to accept the member fee of the petitioner and others whose details have been given by Assistant Registrar, Cooperative Societies, Chapra Anchal, Chapra to the Branch Manager, Bihar State Cooperative Bank, Chapra Branch, Chapra through letter No. 675 dated 16.10.2019 which has not been accepted on the reason that on 16.10.2019 the bank was closed after 5 P.M.; (ii) Also for commanding the respondents to enter the name of the petitioner and others in the voter list whose details have been given in Letter No. 675 dated 16.10.2019 for participating in the election, 2019 of Kudarbadha Gram Panchayat Primary Agriculture Credit Society, Block Garkha, District Saran at Chapra whose last date of scrutiny is 11.11.2019 and election will be completed in December, 2019;

(iii) Also for directing the respondents to take action against the erring respondents from whose lapses even after depositing the member fee the name of the petitioner and others whose detail have been given in Letter No. 675 dated 16.10.2019 regarding 111 persons have not been enrolled or enter in the Voter List for participation in the election, 2019 of Kudarbadha Gram Panchayat Primary Agriculture Credit Society, Block Garkha.

(iv) Also for necessary relief/direction to which the petitioners are found entitled to in the facts and circumstances of the case for the ends of justice.

3. In view of the fact that the elections have already been held in December, 2019, the writ petition stands disposed off with liberty to the petitioners to move with regard to the issue of

Patna High Court CWJC No.1073 of 2020 dt.20-01-2020 3/3 persons having been enrolled as voters for the said election, before the appropriate forum, in accordance with law. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U