Patna High Court
Indra Deo Ray vs The Bihar Secondary Teachers ... on 22 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.397 of 2023
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Indra Deo Ray Son of Late Ghutar Yadav, Resident of Village - Dhoi Navtoli,
P.O.- Dhoi, P.S. Sadar Darbhanga, District - Darbhanga, Pin - 846009.
... ... Petitioner/s
Versus
1. The Bihar Secondary Teachers Association through its Secretary at Jamal
Road, Patna - 800001, P.S. Kotwali, District - Patna.
2. The Chief Election Commissioner (Dr. Mahamaya Prasad Vinod), Bihar
Secondary Teachers Association, Patna at Jamal Road, P.O. - G.P.O., Patna -
800001, District - Patna.
3. The Divisional Assistant Election Commissioner, Darbhanga Division
Secondary Teachers Association at Laheriasarai - 846001, P.S. -
Laheriasarai, District - Darbhanga.
4. Rakesh Paswan @ Rakesh Prasad, Son of Jibachh Paswan, M.O., Allal Patti,
Opposite Paras Hospital, Pin - 846003, P.O. - P.M.C., P.S. - Laheriasarai,
District - Darbhanga, Official Address Plus 2 Karpuri Thakur Rajkiya Balika
High School, Laheriasarai, Darbhanga, Near B.M.P. - 13, Opposite Kosi
Project, P.O. - Milkichak, Pin - 846009, District - Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh, Advocate.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-08-2023
Heard Mr. Uma Shankar Singh, learned counsel for
the petitioner.
2. The petitioner being a teacher and a member of
the Bihar Secondary Teachers Association, filed the present
writ application seeking a direction to hold the election of the
post of President for the Bihar Secondary Teachers
Association at Pramandal-Darbhanga, District- Darbhanga, as
illegal and void.
Patna High Court CWJC No.397 of 2023 dt.22-08-2023
3. It is submitted that the Bihar Secondary Teachers
Association, is a registered unit under Societies Registration
Act-XXI of 1860 (No.3111940141), having it's office at Jamal
Road, Patna 800001 and having its's unit in the entire State of
Bihar at Divisional level and also on Block level. He also
submits that the Bihar Secondary Teachers Association has it's
Rajya Nirvachan Ayog, situated and exercising powers of
Election at the Head Office known as Rajya Nirvachan Ayog,
Bihar Secondary Teachers Association.
4. Mr. Singh, further submits that having been found
eligible, petitioner filled up his nomination for the post of
District President and fought the election, and finally the
respondent no.4 has been declared successful. He next
submits that so far as the respondent no.4 is concerned, his
name is shown as Rakesh Prasad at Sl. No.57 in the Prakhand
voter list of Secondary Teacher, whereas in the voter list of
District of Darbhanga his name is shown as Rakesh Paswan at
Sl. No.71 and he has been working as a teacher of +2 School,
Karpuri Thakur Rajkiya Balika Uchcha Vidyalaya, in the
name of Rakesh Prasad.
5. On the aforesaid facts, he vehemently submitted
that respondent no.4 is holding a post in fake name, which is
Patna High Court CWJC No.397 of 2023 dt.22-08-2023
in any view of the matter is not sustainable in the eyes of law
and such discrepancies in the name of the petitioner is
material enough which would make the election void.
6. This Court afraid of the submissions made on
behalf of the petitioner, as to how the present writ application
is maintainable as the election under challenge relates to the
Bihar Secondary Teachers Association, which, in no stretch of
imagination comes under the definition of the State.
7. It is a trite law that when a private body exercises
its public functions, even if it is not a State, the aggrieved
person has a remedy not only under the ordinary law but also
under the constitution, by way of a writ petition, but the facts
of the case is completely otherwise.
8. In view thereof, the present application stands
dismissed as not maintainable.
(Harish Kumar, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.08.2023.
Transmission Date NA
