Maharana Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 2520 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.2821 of 2018
     ======================================================

Maharana Singh S/o Sri Bhagwan Singh Yadav, resident of Village- Gajipur,

P.S.- Sonbhadra, District- Arwal, at present Prakhand Pramukh, Sonbhadra

Banshi Suryapur Block, Arwal.

... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Co-

operation, State of Bihar, Patna.

2. Bihar State Election Authority, Bihar, Patna through its Chief Election

Officer.

3. The District Magistrate, Arwal.

4. The Sub- Divisional Officer, Arwal.

5. Block Development Officer, Sonbhadra Banshi Suryapur Block, Arwal, cum

election officer, Sonbhadra Banshi Suryapur, Vyapar Mandal, Arwal.

... ... Respondents

====================================================== Appearance :

For the Petitioner/s : Mr.Arbind Kumar Singh, Adv.

For the Respondent/s : AC to AAG-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 19-05-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The petitioner is aggrieved by the guidelines dated Patna High Court CWJC No.2821 of 2018 dt.19-05-2023

13-10-2017 (Annexure-5), issued by the Chief Election Officer,

Bihar State Election Authority (Respondent No.2) with respect

to election to the Managing Committee of the Vyapar Mandal,

Co-operative Societies comprising of Chairmen of Committees,

of Primary Agriculture Credit Society (PACS) the guidelines

provide that if there is a lack of forum after the nomination

process is over for elections, the election shall be stayed and

intimation given to the State Election Commission.

3. It is the petitioner's case that the process of nomination

for election to the Sonbhadra Banshi Suryapur, Vyapar Mandal

was over and no contest emerged. He submits that only one

person, chairman of the Sherpur PACS filed nomination for the

post of chairman. Chairman of Annua PACS, Sonbhadra Banshi

PACS, Chamandi PACS and Mali PACS filed nomination for

the post of members of Managing Committee. The nominations

having been found valid, the result has not been notified and,

therefore, the formation of Managing Committee has remained

illusive in view of the guidelines dated 13.10.2017 (Annexure-

5).

4. The petitioner claims to have represented before the

Bihar State Election Authority, the District Magistrate, Arwal as

also the Block Development Officer, Sonbhadra Banshi Patna High Court CWJC No.2821 of 2018 dt.19-05-2023

requesting that the in view of the valid nominations (Annexure-

4), the Committee be declared constituted uncontested.

5. The petitioner himself has filed the writ petition as a

Public Interest Litigation claiming to be a validly elected

representative of the residents of Sonbhadra Banshi Suryapur

Block as the Block Pramukh. The petitioner is not one of the

persons who has submitted nomination for membership of the

Managing Committee or for the post of its Chairman. He claims

to be an elected representatives (Pramukh) of the Block. He has

made statement regarding submission of nomination by various

Chairmen of the PACS in his Block, who have not been

impleaded as a party to the writ petition. Whether they are still

desirous of being members of the Managing Committee of the

Vyapar Mandal or not therefore cannot be ascertained in their

absence on mere assertion of the petitioner.

6. The election to the Vyapar Mandal is required to be

conducted in terms of co-operative movement under the

provisions of Bihar Co-operative Societies Act and Rules

framed thereunder. If constitution of the Committee is not being

done out of persons, whom as per the petitioner's assertion, had

submitted nomination/s, it is for them to take steps in

accordance with the Act and Rules before the authorities Patna High Court CWJC No.2821 of 2018 dt.19-05-2023

competent under the Act, in accordance with law.

7. We do not find any public interest so as to warrant

exercise of extraordinary discretionary writ jurisdiction in

favour of the petitioner. The writ petition is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shyambihari/-

AFR/NAFR
CAV DATE
Uploading Date          19-05-2023
Transmission Date