Ram Das Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23435 of 2019 ====================================================== Ram Das Choudhary, son of Raj Bansh Choudhary, resident of villageManpur, P.O. Kajhain, P.S. Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Co-Operative Department, Bihar, Patna. 3.

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

The District Co-Operative Officer, Rohtas, Sasaram. 5.

The Assistant Registrar, Co-Operative Society, Bikramganj, Rohtas. 6.

The Block Co-Operative Society, Bikramganj, Rohtas. 7.

The Sasaram Bhabhua Central Co-Operative Bank through its Managing Director, Sasaram, Rohtas.

8.

The Managing Director, Sasaram Bhabhua Central Co-Operative Bank, Sasaram, Rohtas.

9.

The Branch Manager, Sasaram Bhabhua Central Co-Operative Bank, Bikramganj Branch, Bikramganj Branch, Bikramganj, Rohtas. 10.

The Block Development Officer Cum Returning Officer, PACS Election, Bikramganj, Rohtas.

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

For the Petitioner/s :

Mr. Kanhaiya Pandey, Advocate For the State :

Mr. Chitranjan Sinha, PAAG-2 For the Co-operative Bank:

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-11-2019 Heard learned counsel for the petitioner; learned PAAG-2 for the State; learned counsel for the Sasaram Bhabhua Co-operative Bank and learned counsel for the State Election Authority.

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

Patna High Court CWJC No.23435 of 2019 dt.28-11-2019 2/3 (i) That the name mentioned in voter list from serial no. 2006 to 2142 of the Manpur PACS contained in annexure - 2 may be directed to be deleted.

(ii) That the respondents may be directed to hold election of Manpur PACS on the basis of voter list contained in annexure-1 submitted by the petitioner Chairman of the PACS with signature of the Block Cooperative Officer. (iii) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Hon'ble Court."

3. It has been brought to the notice of the Court the order dated 18.11.2019 passed in CWJC No.22149 of 2019 by a Division Bench of this Court in which a writ petition filed by Gajendra Singh for similar relief has been disposed off in view of election having been notified. However, the petitioner has been given liberty to raise all the issues before the concerned authority in accordance with law. It was submitted that in the present case also the election has been notified on 31st October, 2019.

4. Counsel for the petitioner drew the attention of the Court to the representation filed by him before the District Cooperative Officer, Rohtas, Sasaram, on 31.10.2019, which, according to him, is still pending.

5. In the aforesaid background, the present application stands disposed off with a direction to the respondent no. 4 to

Patna High Court CWJC No.23435 of 2019 dt.28-11-2019 3/3 dispose off the representation filed by the petitioner, if already not disposed off, within the time specified in the guidelines of the State Election Authority as contained in Letter No.1841 dated 16.11.2019.

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