Patna High Court
Sheo Muni Chaudhary @ Shiv Muni ... vs The State Of Bihar on 1 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17303 of 2022
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Sheo Muni Chaudhary @ Shiv Muni Chaudhary Son of Late Sahdeo
Chaudhary @ Sahdev Mahallah, Resident of Village- Rampur, P.O.- Ruppur,
P.S.- Bhabhua, District- Kaumur (Bhabhua)
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Co-operative
Department, Bihar, Patna.
2. The District Magistrate-cum-District Election Officer, (Co-operative
Society) Kaimur, Bhabhua.
3. The Registrar Co-operative Societies, Bihar, Patna.
4. The Joint Registrar Co-operative Societies, (Marketing), Bihar, Patna.
5. The District Co-operative Officer, Kaimur, Bhabhua.
6. The Block Development Officer-cum-Election Officer, Bhabhua, P.S.-
Bhabhua, District- Kaimur Bhabhua.
7. The Bihar State Election Authority, Patna through its Chief Election Officer.
32, Harding Road, Patna.
8. Rita Kumari Wife of Sri. Kameshwar Prasad, Resident of Bhabhua, Ward
No. 15, P.O. and P.S.- Bhabhua, District- Kaimur (Bhabhua), Pin Code-
821101
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Ram Nibash Prasad, Advocate
For the State : Mr. Balram Kapri, AC to SC-26
For the Election Authority : Mr. Mukesh Kumar, Adv.
For the Respondent No.8 : Mr. Rakesh Kumar Jha, Adv.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)
Date : 01-02-2023
Heard Mr. Ram Nibash Prasad, learned counsel for
the petitioner, Mr. Balram Kapri, learned AC to SC-26 for the
State, Mr. Rakesh Kumar Jha, learned counsel for the
Respondent no.8 and Mr. Mukesh Kumar, learned counsel for
Patna High Court CWJC No.17303 of 2022 dt.01-02-2023
the Bihar State Election Authority.
2. The petitioner has moved the Court for the
following reliefs:-
"(i) An appropriate writ may be issued quashing
the order dated 12.09.2022/30.09.2022 passed
by the Joint Registrar Co-operative Societies
(Marketing), Bihar, Patna, Respondent no.4 in
Election Dispute Case No. 169 of 2019 as
contained in Annexure-6 whereby and
whereunder the election of the petitioner dated
30.09.2019 to the post of Secretary/Mantri of
Bhabhua Prakhand Matsyajivi Sahyog Samiti
Ltd. (in short the society) has been set aside with
further stipulation of conducting recounting of
the votes polled for the said post and to declare
result accordingly;
(ii) To issue an appropriate writ/order/direction
declaring the ex-parte recounting conducted on
18.10.2022 by the Block Development Officer,
Bhabhua as illegal, void and without jurisdiction
and consequently, to quash the result of the
recounting whereby Respondent no.8 has been
declared elected;
(iii) Any other relief/reliefs for which the
petitioner is entitled to in the fact and
circumstances of the case."
3. The election of the petitioner who was elected as
Secretary of Bhabhua Prakhand Matsyajivi Sahyog Samiti Ltd.
Patna High Court CWJC No.17303 of 2022 dt.01-02-2023
(hereinafter referred to as the "Society") has been set aside by
the order impugned of the Joint Registrar Co-operative
Societies, (Marketing) Bihar, Patna without ensuring that the
petitioner was served the notice i.e. behind the back and also for
setting aside the result pursuant to recounting being held in
terms of the order impugned.
4. Learned counsel for the petitioner submits that
the election petition though filed before the Authority had to be
dealt with in accordance with the statutory provisions and the
basic principles of law relating to the petitioner being
informed/served with notice of the case so as to defend his
position. It was submitted that the entire proceeding was
conducted behind the back of the petitioner and more
importantly, the relief was only to direct for recounting, by the
Respondent no.8 who is the petitioner in the election petition
but the Authority has set aside the election and directed for
recounting which cannot be sustained in terms of Section 13 of
the Bihar State Election Authority Act, 2008.
5. On a quick response sought by this Court from
the learned counsel for the respondents, they are not in a
position to controvert the legal position.
6. Further, the parties agree that the matter be
Patna High Court CWJC No.17303 of 2022 dt.01-02-2023
remanded to the Authority before whom the election petition
was filed by the Respondent no.8 for fresh consideration of the
same in accordance with law after setting aside the impugned
order and ensuring full opportunity of hearing to all the
concerned including the petitioner in accordance with law.
7. Having considered the facts and circumstances
of the case and the submissions of the learned counsel for the
parties, the impugned order dated 12.09.2022/30.09.2022 passed
by the Joint Registrar Co-operative Societies (Marketing),
Bihar, Patna is set aside. The Election Dispute Case No. 169 of
2019 stands revived to its original file and number. The
Respondent no.4 shall decide the said election petition from the
stage of its filing in accordance with law after ensuring proper
service of notice to stakeholders including the petitioner and the
same shall be taken to its logical conclusion within four months
to which both the learned counsel for the petitioner and learned
counsel for the Respondent no.8 agreed.
8. As the basic order pursuant to which recounting
has been done has been set aside, all consequential order
including that of recounting stands set aside.
9. Needless to observe that parties will be at liberty
to take legal recourse before the appropriate forum after the
Patna High Court CWJC No.17303 of 2022 dt.01-02-2023
disposal of the said election petition.
10. The writ application stands disposed of.
(Ahsanuddin Amanullah, J)
( Harish Kumar, J)
rohit/manoj-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02-02-2023
Transmission Date NA
