Patna High Court
Deepak Kumar vs The State Of Bihar on 11 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9954 of 2022
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Deepak Kumar S/o Kanhaiya Prasad, R/o Main Road Motihari, East
Champaran, Bihar - 845401
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Health, Patna,
Bihar.
2. The District Magistrate, East Champaran at Motihari.
3. The Additional District Magistrate, East Champaran at Motihari/Executive
President, Indian Red Cross Society, District branch, Motihari.
4. The Officer In-charge, District General Section, Motihari.
5. The Civil Surgeon, East Champaran at Motihari.
6. The District Transport Officer, East Champaran at Motihari.
7. The Sub-Divisional Officer, Sadar Motihari.
8. The Treasury Officer, East Champaran at Motihari.
9. President, IMA Motihari.
10. Government Advocate, East Champaran at Motihari.
11. Indian Red Cross Society, New Delhi.
12. Indian Red Cross Society through it's General Secretary, State Branch,
Patna.
13. Dr. Ashutosh Sharan, Member of Managing Committee Indian Red Cross
Society, S/o Late Dr. Shambhu Sharan, Motihari, R/o Belanwa, PS - Town,
Motihari, East Champaran - 845401.
14. Ajay Kumar, S/o Late Brajkishore Singh, Member of managing committee
Indian Red Cross Society, Motihari, R/o Shudhna Plot no. - 125, Patna -
800025
15. Angad Kumar Singh, S/o Rameshwar Singh Member of managing
committee Indian Red Cross Society, Motihari, R/o Ambika Nagar, PS-
Town, Motihari, East Champaran - 845401.
16. Meena Mishra, W/o Sri Hemant Mishra, Member of managing committee
Indian Red Cross Society, Motihari, R/o Gayatri Nagar, PS - Town,
Motihari, East Champaran - 845401.
17. Dr. Chandra Subhash, S/o Late Vijay Kumar Varma Member of managing
committee Indian Red Cross Society, Motihari, R/o Belbanwa, PS - Town,
Motihari, East Champaran - 845401.
18. Bibhuti Narayan Singh, S/o Mahesh Prasad Singh, Member of managing
committee Indian Red Cross Society, Motihari, R/o Gopalpur, PS- Town,
Motihari, East Champaran - 845401.
19. Pushpa Kishore, W/o Er. Kishore Prasad Member of managing committee
Indian Red Cross Society, Motihari, R/o Dhaka, PS- Dhaka, Dhaka, East
Champaran - 845418
Patna High Court CWJC No.9954 of 2022 dt.11-12-2023
2/4
20. Ashesh Kumar, S/o Chandeshwar Prasad Singh Member of managing
committee Indian Red Cross Society, Motihari, R/o Gram Bangra, Post -
Sagauli, PS - Sagauli East Champaran - 845456.
21. Dilip Kumar Singh, S/o Rajeshwar Prasad Singh Member of managing
committee Indian Red Cross Society, Motihari, R/o Miscot, PS -Town,
Motihari, East Champaran - 845401.
22. Sanjay Kumar Jaiswal, S/o Late Lalan Prasad Jaiswal Member of managing
committee Indian Red Cross Society, Motihari, R/o V.K. Garden, Janpul, PS
-Town, Motihari, East Champaran - 845401.
23. Ujjwal Kumar Srivastava alias Shekhar Srivastava, S/o Pramod Prasad
Member of managing committee Indian Red Cross Society, Motihari, R/o
Lalita Homeo Pharmacy, Balua Taal, PS- Town, Motihari, East Champaran -
845401.
24. Dr. Omprakash, S/o Sri Vidhyasagar Arya Member of managing committee
Indian Red Cross Society, Motihari, R/o Om Sai Hospital, Agarwa, PS-
Town, Motihari, East Champaran - 845401.
25. Dr. Amit Kumar, S/o Sri Shankar Prasad, Member of managing committee
Indian Red Cross Society, Motihari, R/o Miscot, PS-Town, Motihari, East
Champaran - 845401.
26. Rakesh Kumar Sinha, S/o Er. Ashok Kumar Sinha Member of managing
committee Indian Red Cross Society, Motihari, R/o Gopalpur, PS- Town,
Motihari, East Champaran - 845401.
27. Mahesh Prasad Sinha, S/o Not Known Member of managing committee
Indian Red Cross Society, Motihari, R/o Chandmari, PS- Town, Motihari,
East Champaran - 845401.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Amit, Advocate
Mr.Dhananjay Kumar, Advocate
For the Respondent/s : Mr.Rajeshwar Singh (Ga10)
For respondent no.12 : Mr. Dhananjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 11-12-2023
Heard Mr. Kumar Amit along side Mr. Dhananjay
Kumar, learned counsels appearing on behalf of the petitioner;
Mr .Rajeshwar Singh, learned GA 10 for the State and Mr.
Dhananjay Kumar, learned counsel for respondent no.12.
2. In continuation of order dated 28.11.2023, certain
Patna High Court CWJC No.9954 of 2022 dt.11-12-2023
documents have been produced before this Court on behalf of
the Red Cross Society to show that no approval of National
Committee with respect to the voters who had participated in the
2022 election relating to District Chapter, Motihari was taken
prior to holding of the election by the Collector. The Clause 3
of Chapter VI provides for registration of new members which
is reproduced hereinafter:-
"3. Members enrolled by the District
Branches are members of the Indian Red Cross Society.
Enrolments shall be in accordance with the rules,
subscription and grades of membership laid down by the
Managing Body at National Headquarters. District
Branches shall submit to the General Secretary of the
respective State/UT branch monthly list of new members
enrolled along with 30% share of membership
subscription of the State Branch and National
Headquarters. As soon as new members have been duly
registered, certificates will be issued by the National
Headquarters through the State/UT branch concerned.
A District branch will be expected to enroll,
within one year of its formation, a minimum of 500
members of different categories."
3. Certain communication was made by the Chairman
of the Red Cross Society-cum-District Magistrate, East
Champaran with the Chairman of the Indian Red Cross Society
seeking certain guidelines for holding the election which was to
be held on 12.06.2022, duly attested by Public Relation Officer
has been produced in the Court in support that upto 12.06.2022,
Patna High Court CWJC No.9954 of 2022 dt.11-12-2023
2322 members were to be registered and from 06.07.2022 as per
revised list, 1351 members were to be added after notification
of the election, which goes to show that no approval of National
Committee was obtained by the Chairman of the State Chapter
of Red Cross Society, Bihar.
4. In view of above discussion made hereinabove, the
writ petition is allowed. The election held on 12.06.2022 is
declared to be invalid. The 'Red Cross Society' may proceed to
hold election of East Champaran society in accordance with the
provision of the bye-law.
5. The Chairman of the Bihar State Red Cross Society
is directed to be more vigilant in future by giving specific
instruction to the President-cum-District Magistrate with respect
to the valid members of voters in future to avoid negligence on
his part.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.12.2023
Transmission Date NA
