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Patna High CourtCWJC/23898/2019disposed

Navin Kumar Vidyarthi, v. The State Of Bihar

2019-12-03The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23898 of 2019 ====================================================== Navin Kumar Vidyarthi, Son of Late Ganga Prasad, resident of VillageReula, Police Station- Atari in the district of Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Cooperative, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Co-operative, Government of Bihar, Patna.

3.

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

The District Magistrate-cum-Collector, Gaya.

5.

The District Co-operative Officer, Gaya.

6.

The Assistant Registrar, Co-operative Society, Gaya. 7.

The Block Development Officer, Mohra, Gaya.

8.

The Block Co-operative Officer, Mohra in the district of Gaya. 9.

The Chairman, Primary Agriculture Credit Co-operative Society (PACCS), Sheotar under Mohra Block in the district of Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Mr.Amit Prakash (GA 13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-12-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s:- "1. To direct the respondent authorities to include the name of 300 voters in the voter list of

Patna High Court CWJC No.23898 of 2019(2) dt.03-12-2019 2/3 Primary Agriculture Credit Co-operative Society, Sheotar (hereinafter referred as in short PACCS, Sheotar) published in the year, 2019 as their names were included in the voter list of 2014 of Sheotar PACCS but from the voter list of 2019 of PACCS Sheotar the name of all 300 voters were removed/excluded without providing any opportunity of hearing where as they have not earn any disqualification.

ii. Also to direct the respondent authorities to stay the election of Sewtar PACCS till fresh publication of Voter list of Sheotar PACCS till the publication of fresh voter list including the name of all 300 voters whose names have bee removed from the voter list with oblique motive and malafide intention.

iv. Also for any other relief reliefs for which the petitioner is found to be entitled in the eye of law."

Our attention is invited to the fact that the elections already stand notified vide notification dated 31st of October, 2019.

If that were so, we are afraid, we cannot entertain the present petition and, therefore, dispose of the present writ petition reserving liberty to the petitioner to raise all issues before the concerned authorities in accordance with law.

Patna High Court CWJC No.23898 of 2019(2) dt.03-12-2019 3/3 Our attention is also invited to such similar order dated 10.08.2009 passed in L.P.A. No. 1028 of 2009. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U