Shashikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22708 of 2019 ====================================================== 1.

Rajesh Kumar Pandey Son of Ramshankar Pandey Resident of VillageKalyanpur, P.O.- Kalyanpur, P.S.- Durgawati, District- Kaimur (Bhabhua). 2.

Manoj Kumar Mishra Son of Ramdular Mishra Resident of VillageKalyanpur, P.O.- Kalyanpur, P.S.- Durgawati, District- Kaimur (Bhabhua). 3.

Sunil Kumar Yadav Son of Ramraj Yadav Resident of Village- Kalyanpur, P.O.- Kalyanpur, P.S.- Durgawati, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

The Principal Secretary, Cooperative Department Government of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Kaimur at Bhabhua. 3.

District Cooperative Officer-cum-Assistant Registrar, Cooperative Society, Kaimur.

4.

The Managing Committee, Kalyanpur PACS, P.S.- Durgawati, DistrictKaimur (Bhabhua). ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 23747 of 2019 ====================================================== 1.

Shashikant Kumar Son of Murli Shyam Ram Resident of Village- Kulharia, P.O.- Karamnasa, P.S.- Durgawati, District-Kaimur (Bhabhua). 2.

Saurav Paswan Son of Late Bhirgu Paswan Resident of Village- Kulharia, P.O.- Karamnasa, P.S.- Durgawati, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

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

2.

The Registrar Co-operative Society, Bihar, Patna. 3.

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

The District Magistrate-cum- Collector Kaimur at Bhabhua. 5.

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

6.

District Cooperative Officer-cum- Assistant Registrar Cooperative Society, Kaimur.

7.

Block Co-Operative Officer cum Election Officer cum Registring Officer Khajura PACS, Durgawati, P.S.- Durgawati, District- Kaimur (Bhabhua). 8.

The Managing Committee Khajura PACS, Durgawati, P.S.- Durgawati, District- Kaimur (Bhabhua).

Patna High Court CWJC No.22708 of 2019(3) dt.28-06-2023 2/3 ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 22708 of 2019) For the Petitioner/s :

Mr. Nikhil Singh, Advocate Mr.Sumeet Kumar Singh, Advocate For the Respondent/s :

Mr. Narendra Kumar Singh, AC to GP-22 (In Civil Writ Jurisdiction Case No. 23747 of 2019) For the Petitioner/s :

Mr. Nikhil Singh, Advocate Mr. Sumeet Kumar Singh, Advocate For the Respondent/s :

Mr.Amit Prakash (GA-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2023 Heard Mr. Nikhil Singh, learned counsel for the petitioner in both the cases, learned State counsels and Mr. Mukesh Kumar who represents the State Election Authority. The prayer in both the writ petitions are the same, to include their names as member of the PACS.

Learned counsel for the petitioners submit that their fate is unknown inasmuch as they were never informed whether any decision has been taken for their inclusion or exclusion as members.

Although a counter affidavit has been filed on behalf of the District Cooperative Officer, Kaimur (Bhabhua), the State counsel failed to answer to the said submission put forward by the learned counsel for the petitioner.

In that background, the writ petitions are disposed of with direction to petitioner to file fresh petitions before the Assistant Registrar, Cooperative Societies, Bhabhua at Kaimur

Patna High Court CWJC No.22708 of 2019(3) dt.28-06-2023 3/3 within four weeks from today which shall be considered and a reasoned order will passed on their inclusion/exclusion within next eight weeks.

The writ petition stands disposed of with the aforesaid observations.

(Rajiv Roy, J) Prakash Narayan /- U