Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24345 of 2019 ====================================================== Krishna Kumar Son of Raghunath Singh Resident of Village- Bhedahariya, Police Station- Paliganj in the district of Patna. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Registrar, Co-operative Department, Government of Bihar, Patna. 4.

The District Magistrate cum Collector, Patna. 5.

The District Co-operative Officer, Patna.

6.

The Assistant Registrar, Co-operative Society, Danapur in the district of Patna.

7.

The Block Development Officer, Paliganj in the district of Patna. 8.

The Block Co-operative Officer, Paliganj in the district of Patna. 9.

The PACCS, Bhedhariya-Siyarampur through its Chairman under Paliganj Block in the district of Patna.

10.

The Chairman, Bhedhariya-Siyarampur PACCS under Paliganj Block in the district of Patna.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the State :

Mr. Sanjay Kumar, AC to GA 13 For the Election Authority :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-12-2019 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:

Patna High Court CWJC No.24345 of 2019 dt.06-12-2019 2/3 " i. To quash the letter dated 15.09.2019 issued under the signature of Chairman, Bhedhariya-Siyarampur PACCS namely Om Pakash Sharma by which membership application of the petitioner has been rejected on the ground that you may damage the society. ii. Also to direct the respondents to provide membership of Bhedhariya-Siyarampur PACCS to the petitioner and also to include his name in the voter list of BhedhariyaSiyarampur PACCS under Paliganj Block in the district of Patna.

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

3. Learned counsel for the State Election Authority, who was present in Court was also called to assist. He submitted that on 18.11.2019, a Division Bench of this Court in Gajendra Singh Vs. State of Bihar & Ors. (CWJC No. 22149 of 2019), where the relief claimed was to accept the membership of farmers for the concerned PACS, which has been disposed off without interfering in the process in view of the election being notified on 31st October, 2019, with liberty to the petitioner to raise all issues before the concerned authorities, in accordance with law. It was submitted that the Court had also taken note of similar order passed in LPA No. 1028 of 2009 dated 10.08.2009.

Patna High Court CWJC No.24345 of 2019 dt.06-12-2019 3/3

4. Having regard to the aforesaid, the writ petition stands disposed off in terms of the liberty given in Gajendra Singh (supra).

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U