Sant Kumar Yadav, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24555 of 2019 ====================================================== 1.

Sant Kumar Yadav, son of Sri Vijay Kumar Yadav, resident of VillageTelhua, Ward No. - 4, Gram Sewak Tola, Uttar (Uttari) Telhua PACS, P.S. and Block- Nautan, District- West Champaran (Bettiah). 2.

Brijesh Yadav, son of Sri Reetu Yadav, resident of Village- Telhua, Ward No. - 2, Uttar Telhua PACS, P.S. and Block- Nautan, District- West Champaran (Bettiah).

3.

Parmeshwar Yadav, son of Sri Bhulan Yadav, resident of Village- Telhua, Ward No. - 3, Jhagar Yadav Ke Tola, Uttar Telhua PACS, P.S. and BlockNautan, District- West Champaran (Bettiah). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Registrar Co-operative Department, New Secretariat, Bihar, Patna.

2.

The Registrar, Co-operative Department, New Secretariat, Bihar, Patna. 3.

The District Collector-cum District Election Officer, West Champaran, Bettiah.

4.

The District Co-operative Officer, West Champaran, Bettiah. 5.

The Block Development Officer-cum-Election Officer, Nauttan Block, West Champaran, Bettiah.

6.

The Co-operative Extension Officer, Nauttan Block, West Champaran, Bettiah.

7.

The Chief Election Officer, Bihar State Election Authority, Harding Road, Opposite Haj Bhawan, Patna.

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

For the Petitioner/s :

Mr .Manish Kumar Singh, Advocate Mr. Kundan Kumar, Advocate For the State :

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

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-12-2019 Heard learned counsel for the petitioners; learned AC to GA-13 for the State and learned counsel for the State Election Authority.

Patna High Court CWJC No.24555 of 2019 dt.10-12-2019 2/3

2. The petitioners have moved the Court for the following reliefs:

"1. That the Petitioners are filing this writ application for issuance of a writ in the nature of a writ of certiorari to quash and cancel the order/direction/decision of the Respondent authorities not to add the names of the petitioner nos. 2 & 3 in the voter list and not to correct the status of Petitioner No.1 from 'Associate Member'

to 'Member' and also:

A.

For directing them to correct the status of Petitioner no.1 from 'Associate Member' to 'Member'.

B.

For directing them to add the name of 189 members in voter list in respect of Primary Agriculture Co-operative Society, Uttar Telhua/ Uttari Telhua PACS of Block Nauttan of District-West Champaran.

C.

For directing the Respondent authorities to main voter list published in the year 2009 in which the name of aforesaid 189 Members were listed.

D.

For any other relief/reliefs for which petitioner is found entitled in the facts and circumstances of the case."

3. Learned counsel for the respondents submitted that the election has already been held yesterday (9th December, 2019).

4. Having regard to the aforesaid, no relief can be granted to the petitioners in the present writ application.

5. Accordingly, the same stands disposed off with liberty to the petitioners to raise their grievances before the appropriate authority, in accordance with law, in view of the

Patna High Court CWJC No.24555 of 2019 dt.10-12-2019 3/3 changed circumstances of the election having already been held. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T