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Patna High CourtCWJC/25100/2019withdrawn

Ramkali Devi v. The State Of Bihar

2019-12-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25100 of 2019 ====================================================== Ramkali Devi W/o Badri Sah Resident of Village- Maibi, P.S.- Bathnahar, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

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

2.

The Registrar, Cooperative Societies, Bihar, Patna. 3.

The District Magistrate-cum-District Election Officer (Cooperative), Sitamarhi, District- Sitamarhi.

4.

The District Cooperative Officer, Sitamarhi, District- Sitamarhi. 5.

The Block Development Officer-cum-Returning Officer, 2019 Cooperative Election, Bathnaha Block, District- Sitamarhi. 6.

The Block Cooperative Officer, Bathnaha, District- Sitamarhi. 7.

The State Election Authority, Bihar, Patna through the Chief Election Officer.

8.

The Secretary, The State Election Authority, Bihar, Patna. 9.

Ram Kishore Prasad Son of Nagendra Prasad Resident of Village and P.O. Kishanpur, P.S. Bathnaha, District- Sitamarhi, Presently Chairman of the Managing Committee of Harnahiya Primary Agriculture Credit Cooperative Society, Block- Bathnaha, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s :

Mr. Syed Iqbal Ahmad (SC 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2019 The petitioner is aggrieved by the order dated 05.12.2019 passed by respondent no. 5 whereby the nomination of the petitioner to contest elections for the post of Chairman of Harnahiya PACS has been refused. The election is scheduled to be held on 15th of

Patna High Court CWJC No.25100 of 2019(2) dt.13-12-2019 2/2 December, 2019.

No writ petition could lie against such an order as it is in the realm of an election dispute for which election petition is required to be filed. This point having been noted by the Court, learned counsel for the petitioner seeks permission to withdraw this petition in order to enable the petitioner to avail of his remedies under the law.

The petition stands dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U