Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24553 of 2019 ====================================================== Sanjay Kumar, son of Punit Rai, resident of village- Jahangirpur, Block and P.S.- Raghopur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Cooperative Department, Govt. of Bihar, Patna.

2.

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

The Deputy Development Commissioner-cum-Nodal Officer, Hajipur. 4.

The District Cooperative Officer, Hajipur.

5.

The Assistant Registrar, Cooperative Society, Hajipur Circle, Hajipur. 6.

The Managing Committee, Jahangirpur PACS, Block- Raghopur, DistrictVaishali. 7.

The Block Development Officer-cum-Returning Officer, Raghopur, Vaishali. 8.

The Chairman, The Managing Committee, Jahangirpur PACS, BlockRaghopur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Rai, Advocate For the Respondent/s :

Mr. Sanjay Kumar, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-12-2019 Heard learned counsel for the petitioner and learned AC to GA-13 for the State.

2.The petitioner has moved the Court for the following reliefs:

"That this is an application for issuance of appropriate writ/writs, order/orders, direction/ directions commanding the respondent authorities especially respondent no.6 the Block Development Officer-cum- Returning Officer to declare the petitioner to include the name of petitioner to in the voter list by taking into consideration the fact that he applied for the

Patna High Court CWJC No.24553 of 2019 dt.10-12-2019 2/3 membership of Jahangirpur PACS and also deposited the required fee/share money along with application form however since Managing Committee has not communicated any decision either accepting or rejecting the application form submitted by the petitioner and in term of Rule 7(i)(d) of Bihar Cooperative Society Rule herein referred as 'Rule' 1959 deemed to be acceptance of the application form and as such being a member petitioner and other similarly situated persons are entitled to be included in the voter list.

Petitioner further seeks any other relief/reliefs for which he is found entitled in the eye of law and in the facts and circumstances of the present case."

3. Learned counsel for the State submitted that the election has been notified on 31st October, 2019. It was submitted that a Division Bench of this Court in the case of Gajendra Singh Vs. The State of Bihar (CWJC No.22149 of 2019) by order dated 18.11.2019, in which, the relief sought was also with regard to acceptance of membership relating to a PACS, has been disposed off without interference with liberty to the petitioner to raise all issues before the concerned authorities in accordance with law.

4.Learned counsel for the petitioner submitted that the present application be also disposed off in terms of the order passed in Gajendra Singh (supra).

5.In view thereof, the application stands disposed of in terms of the aforesaid order in Gajendra Singh (supra) with

Patna High Court CWJC No.24553 of 2019 dt.10-12-2019 3/3 liberty to the petitioner to raise all issues before the concerned authorities, in accordance with law.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U