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Patna High CourtCWJC/23620/2019disposed

Ajay Kumar, v. The State Of Bihar

2019-11-29Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23620 of 2019 ====================================================== Ajay Kumar, Son of Dhuplal Ray, Resident of Village- Bishunpurwa, P.S. Darpa, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

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

2.

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

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

The District Co--operative Officer, District- East Champaran, Motihari. 5.

The District Election Officer-Cum-District Magistrate, East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Sharda Nand Mishra with Mr. Rajiv Ranjan and Mr. Dhananjay Kumar Gupta, Advocates For the State :

Mrs. Pushpanjali Sharma, AC to SC 20 For the Election Authority :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-11-2019 Heard learned counsel for the petitioner and learned AC to SC 20 for the State.

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

" That this writ application is being filed for issuance of writ nature of mandamus for direction to respondents consider the case of the petitioner as respondents have illegally made member of the Rampur PACS, in the one family several members have been made whenever one

Patna High Court CWJC No.23620 of 2019 dt.29-11-2019 2/2 member of the family shall be voter of the PACS and further issue direction to include the name running in the voter list 2014 and further given other legal consequential benefit to the petitioner."

3. Learned counsel for the State Election Authority, who was present in Court, submitted that in similar circumstances, on 18.11.2019, a Division Bench of this Court in Gajendra Singh Vs. State of Bihar & Ors. (CWJC No. 22149 of 2019) did not interfere in the matter in view of the election having been notified on 31st October, 2019. It was submitted that liberty be given to the petitioner to move before the concerned authorities. It was submitted that Letter No. 1841 dated 16.11.2019 of the State Election authority deals with the said issue.

4. In such view of the matter, the application stands disposed off with liberty to the petitioner to move before the authorities concerned in terms of the order passed in Gajendra Singh (supra).

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