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Patna High CourtCWJC/25106/2019disposed

Ganga Manjhi v. The State Of Bihar

2019-12-13Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 25106 of 2019 ====================================================== Ganga Manjhi, aged about 48 years, Gender-Male, Son of Sita Ram Manjhi, Resident of Village-Aura, P.S.-Rosera, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar. 2.

The Principal Secretary Co-operative Department, Government of Bihar. 3.

The Secretary, Bihar State Election Authority. 4.

The Joint Secretary, Bihar State Election Authority, Government of Bihar. 5.

The District Magistate, Samastipur.

6.

The District Co-operative Officer, Samastipur. 7.

The Block Development Officer, Shivajinagar, Samastipur. 8.

The Block Co-operative Officer, Shivajinagar, Samastipur. 9.

Fulendra Mandal Chairman PACS, Son of Shyamnandan Singh, Resident of Village-Mahadeva, P.S. Rosera, District-Samastipur, Chairman PostShankarpur, P.S.-Rosera, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the State :

Mr. Mahendra Prasad Verma, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-12-2019 Heard learned counsel for the petitioner; learned AC to SC 20 for the State and learned counsel for the State Election Authority (hereinafter referred to as the 'Authority').

2. The petitioner has moved the Court for the following relief:- "That, this writ application for appropriate writ or writs, order or orders, direction or directions by directing the Respondents to include the name of the petitioner including 72

Patna High Court CWJC No.25106 of 2019 dt.13-12-2019 2/2 persons whose name has been deleted in PACS Election 2019 by the Chairman PACS Shankarpur Panchayat (Respondent-9) Block and Police Station Rosera within Samastipur district."

3. At the very outset, learned counsel for the respondents submitted that elections having been notified on 31st, October 2019, for the said relief, the petitioner would now be required to move before the authorities under Section 48 of The Bihar Cooperative Societies Act, 1935, as it relates to a membership dispute.

4. In view thereof, the application stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T