Mukesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23289 of 2019 ====================================================== Mukesh Kumar Yadav, Son of Sri Wakil Yadav, Village- Banshi Chapra, P.O.- Ekma, P.S.- Rasulpur, Block- Ekma, District- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna- 800 001.
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, Saaran at Chapra. 6.
The Block Development Officer Cum-Election Officer, Ekma, DistrictSaran 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 Co-operative Bank, Saran Anchal, District- Saran at Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar with Mr. Ram Param Purushottam, Advocates For the State :
Mr. Chitranjan Sinha, PAAG 2 For the Respondent No. 9 :
Mr. Bindhyachal Rai and For the BSEA :
Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-11-2019 Heard learned counsel for the petitioner; learned AC to PAAG 2 for the State; learned counsel for the Bihar State Election Authority and learned counsel for the Bihar State Co-operative Bank.
Patna High Court CWJC No.23289 of 2019 dt.26-11-2019 2/3
2. The petitioner has moved the Court for the following reliefs:
"I. For commanding the respondents to include the name of the petitioner and other similarly situated other persons in the voter list whose details have been given in the Letter No. 679 dated 16.10.2019 for participating in the election, 2019 of Chanchaura Primary Agriculture Credit Society, Block Ekma, District Saran at Chapra whose election will be completed in December, 2019;
II. 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 other similarly situated other persons whose detail have been given in Letter No. 679 dated 16.10.2019 regarding the name of persons have not been included in the Voter List for participation in the election, 2019 of Chanchaura Panchayat Primary Agriculture Credit Society, Block, Ekma.
III. 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. Learned counsel for the State brought to the notice of the Court order dated 18.11.2019 passed in CWJC No. 22149 of 2019 by which a Division Bench of this Court has refused to entertain similar plea by Gajendra Singh (petitioner of the aforesaid writ petition). The writ petition was disposed off giving liberty to the petitioner to raise all issues before the concerned authorities, in accordance with law. The Division Bench has also
Patna High Court CWJC No.23289 of 2019 dt.26-11-2019 3/3 relied upon similar order dated 10.08.2009 passed in LPA No. 1028 of 2009.
4. It is not in dispute that the election has been notified on 31st October, 2019.
5. Faced with the situation, learned counsel for the petitioner submitted that the matter be disposed off in terms of the liberty given by the Division Bench in CWJC No. 22149 of 2019.
6. In view thereof, the writ petition stands disposed off with liberty aforesaid.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T