Lalbabu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25104 of 2019 ====================================================== Lalbabu Sah son of Ramavatar Sah resident of Village and P.O. Kishanpur, P.S. Bathnaha, 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 For the Respondent/s :

Mr.Amit Prakash (Ga13) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2019 Heard learned counsel for the parties.

2. The petitioner is seeking quashing of an order dated 05.12.2019, passed by respondent no. 5 rejecting the nomination of the petitioner to contest the election for the post of Chairman, Harnahiya PACS in the district of Sitamarhi on erroneous grounds.

3. Learned counsel appearing on behalf of the Bihar

Patna High Court CWJC No.25104 of 2019(2) dt.13-12-2019 2/2 State Election Commission has drawn my attention to a Division Bench order of this Court dated 18.11.2019 and has submitted that since the election have been announced, this Court may not interfere with, at this stage.

4. Following is the observation made by the Division Bench in the order dated 18.11.2019, passed in CWJC No. 22149 of 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."

5. Considering the aforesaid observation, no interference at this stage is warranted.

6. This writ application is disposed of with the same liberty as granted by the Division Bench of this Court in the case of Gajendra Singh Vs. State of Bihar and others (CWJC No. 22149 of 2019).

(Chakradhari Sharan Singh, J) Rajesh/- U