Patna High Court
Manoj Kumar Singh vs The State Of Bihar on 1 August, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.732 of 2025
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Manoj Kumar Singh S/o Late Ramjash Singh, R/o Village-Giridhar Baron,
Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Chief Secretary, Cooperative Department, Government of Bihar, Patna.
3. The Deputy Chief Secretary, Cooperative Department, Government of Bihar,
Patna.
4. The Registrar, Cooperative Department, Government of Bihar, Patna.
5. The Joint Registrar, Cooperative Department, Government of Bihar, Patna.
6. The Bihar State Cooperative Election Authority, through its Secretary, Bihar,
Patna.
7. The District Magistrate cum Chief Election Officer, Buxar.
8. The Deputy Development Commissioner cum Nodal Officer, Buxar.
9. The District Cooperative Officer, Buxar.
10. The Block Development Officer cum Election Officer, Nawanagar Block,
District-Buxar.
11. The Block Cooperative Officer, Nawanagar Block, District-Buxar.
12. Sudama Singh, Son of Triyogi Singh, Resident of Giridhar Baraon,
Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.
13. Sona Devi, Wife of Hansraj, Resident of Giridhar Baraon, Nawanagar, P.S.-
Sonbarsa, District-Buxar, PIN-802127.
14. Munna Nat, son of Late Shivparsan Nat,. Resident of Giridhar Baraon,
Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.
15. Surendra Singh, Son of Late Jiut Singh, Resident of Giridhar Baraon,
Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.
16. Kamli Devi, Wife of Vijay Paswan, Resident of Giridhar Baraon,
Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Niranjan Kumar, Advocate
: Mr. Shubham Singh, Advocate
For the State : Mr. Standing Counsel (01)
For the SEA : Mr. Mukesh Kumar Thakur, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 01-08-2025
Heard learned counsel for the petitioner, learned
counsel for the Respondent-State and learned counsel for the
State Election Authority.
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
2/11
2. The petitioner filed the present writ application
claiming the following reliefs:-
"(i) For issuance of writ in the
nature of Mandamus for
directing and commanding the
responsible Respondent
Authorities specially the Block
Development Officer-cum-
Election Officer, Nawanagar
Block, District-Buxar
(Respondent No. 10) to accept
the nomination paper of the
petitioner dated 10.01.2025 to
contest the election for the post
of Chairman of Giridhar Baraon
PACS, Block-Nawanagar,
District- Buxar, in the interest of
justice and securing the rights
and entitlement of the candidate
and voters guaranteed under
Part-III of the Constitution of
India under Article-19(1)(a) and
the Statutory rights incorporated
under the Cooperative Societies
Act, 2023 as well as securing the
beauty of democratic process.
(ii) For staying the operation of
the election process for the post
of Chairman and Members of the
Giridhar Baraon PACS, Block-
Nawanagar under the District-
Buxar for securing the beauty
and objective of democratic
process as well as the rights of
the candidates and voters
guaranteed under Article-19(1)
(a) of the Constitution of India as
well as the prevailing Act and
Statutes, during the pendency of
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
3/11
this writ application.
(iii) For issuance of direction to
the higher officials or the
responsible respondents to take
punitive action against the
Respondent No. 10, who has
deliberately and willfully not
accepted the nomination paper of
the petitioner and flatly denied to
accept the same in connivance
with Private Respondent No. 12
having pecuniary interest,
although on the scheduled time
and date of nomination i.e. 11:00
A.M. to 04:00 P.M. on
10.01.2025
, the petitioner is
present at the place/scheduled
venue for filing the nomination
paper by fulfilling each and
every criteria having all
documentations being the most
eligible candidate for the post of
Chairman of Giridhar Baraon
PACS, i.e. Nawanagar Block,
District- Buxar, which would be
evident from the CCTV Footage
of Nawanagar Block and the
mandatory recording done by the
authority concerned in
pursuance of the guidelines
issued by the Bihar State
Cooperative Election Authority
(Respondent No. 6). (iv) For any
other relief or reliefs to which the
petitioner is entitled for in the
facts and circumstances of the
case."
3. The learned counsel for the petitioner submits
that as per the announcement of the PACS Election, 2024, the
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
date of nomination for the post of Chairman and Members of
the Giridhar Baraon PACS, Block- Nawanagar under the
District- Buxar had been specified and the date of filing
nomination and time was fixed for 09.01.2025 (Thursday) and
10.01.2025 (Friday) from 11:00 AM to 03:00 PM. This was
done through notification dated 31.12.2024 contained in Memo
No. 2351 (Annexure P/1). It is further submitted that in
pursuance of the aforesaid, being the most eligible and suitable
candidate for the post of Chairman and Members of the Giridhar
Baraon PACS, Block- Nawanagar under the District-Buxar, the
petitioner went to Nawanagar Block before the Block
Development Officer-cum-Election Officer, Nawanagar to file
his nomination paper with his proposer namely, Ganesh Singh
son of Atal Bihari Singh and supporter namely Sudama Ram son
of Bhuteli Ram. As per the petitioner, the nomination form duly
filed up with all the required documentation was presented on
10.01.2025 at 11:00 AM but the Block Development Officer-
cum-Election Officer, Nawanagar in connivance with
respondent no. 12 flatly refused to accept the nomination paper
and drove the petitioner away. On the other hand, the same
Block Development Officer-cum-Election Officer, Nawanagar
accepted the nomination of the other candidate (Respondent No.
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
12).
4. It is further contended that being aggrieved by
the aforesaid illegal act of the Block Development Officer-cum-
Election Officer, Nawanagar of refusing to accept the
nomination paper, the petitioner filed applications dated
10.01.2025 to all the authorities concerned including the District
Election Officer-cum-District Magistrate, Buxar, the Chief
Secretary Bihar, District Cooperative Officer, Buxar, Joint
Registrar Cooperative, the State Election Authority, Patna
through emails complaining about the illegal and arbitrary
action of the Block Development Officer-cum-Election Officer,
Nawanagar. All these documents have been brought on record
by way of Annexure-P/3 series. Learned counsel for the
petitioner further submitted that although the petitioner has
alternative remedy for challenging the said illegal act of the
Election Officer, Nawanagar but the petitioner has consciously
chosen the remedy of filing writ jurisdiction for issuance of writ
of mandamus for directing and commanding the respondent
authorities especially the Block Development Officer-cum-
Election Officer, Nawanagar to accept the nomination paper of
the petitioner dated 10.01.2025 so that the petitioner could
contest the election for the post of Chairman, Giridhar Baraon
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
PACS, Block- Nawanagar under the District- Buxar.
5. During the pendency of the writ application, a
list dated 15.01.2025 (Annexure-P/5) was issued under the
signature of Block Development Officer-cum-Election Officer,
Nawanagar (PACS), whereby and whereunder the respondent
no. 12 namely, Shri Sudama Singh was declared elected
uncontested. Since, this development took place during the
pendency of the writ application, therefore, the petitioner filed
an Interlocutory Application bearing I.A. No. 1 of 2025 by
which he made prayer for additional relief for challenging the
list dated 15.01.2025 (Annexure-P/5) by which the respondent
no. 12 had been declared elected uncontested and also for
staying the operation of the said list dated 15.01.2025.
6. On 16.06.2025, when the Interlocutory
Application bearing I.A. No. 1 of 2025 was being argued by the
learned counsel appearing for the petitioner, learned counsel
appearing for the Respondent-State Election Authority objected
to the maintainability of the writ application by contending that
the petitioner had the remedy of challenging the election by
filing election petition and hence, the present writ application
should be dismissed as having become infructuous and not
maintainable anymore because during the pendency of the same,
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
the candidate (respondent no. 12) had already been declared
elected.
7. While responding to the issue of maintainability
of writ, the learned counsel for the petitioner relied upon the
judgment dated 03.11.2009 delivered by this Court in CWJC
No. 13474 of 2009, judgment dated 19.05.2010 delivered by
Division Bench of this Court in LPA No. 1557 of 2009 also
reported in 2010(3) PLJR 578, judgment dated 05.12.2024
delivered in CWJC No. 13098 of 2024 and judgment reported
in 2016(2) PLJR 253. Relying on these judgments, the
petitioner strenuously argued that although in normal
circumstance, once the election is notified and held, the same
can only be challenged by way of election petition but in
exceptional circumstance, the writ application challenging the
election can be entertained. Learned counsel for the petitioner,
therefore, submitted that refusing to accept or non-acceptance of
nomination paper of the petitioner, which as per the petitioner,
was tendered before 03:00 PM on 10.01.2025 qualified as
"exceptional circumstance" and, therefore, the present writ
application was maintainable for the purpose of challenging the
election.
8. Per contra, learned counsels appearing for the
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
respondents submit that vide notification bearing Memo No.
2351 dated 31.12.2024, the State Election Authority had notified
the election for the post of Chairman and Members of the
Giridhar Baraon PACS, in which it was clearly stated that
nomination paper must be produced on 09.01.2025 and
10.01.2025 from 11:00 AM to 03:00 PM. It is the specific
contention of the respondents in paragraph-5 of their counter-
affidavits that the petitioner tried to produce his election
nomination paper after 03:45 PM on 10.01.2025 and it was on
this account that the nomination paper of the petitioner was not
received because by 03:00 PM, the time for filing nomination
had already lapsed. Paragraph Nos. 5 and 6 of the counter-
affidavit filed by the respondents is quoted hereinbelow for
needful:-
"5. That the petitioner tried
to produce his election
nomination paper after
03:45 pm on 10.01.2025,
therefore the nomination
paper was not received
after scheduled time in
notification of 03:00 pm.
6. That vide letter no.-147
dated 06.02.2025 the BDO
-cum-Election Officer,
Nawanagar submitted the
report to the Bihar State
Election Authority
regarding producing of
nomination paper by the
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
petitioner on 10.01.2025
after 03:45 pm. Therefore it
was not received."
9. Upon careful consideration of the submissions
made by both the parties, the following legal issue arises for
consideration in the present case:-
"Whether the petitioner presented his nomination
paper on 10.01.2025 prior to 03:00 PM? If yes, then whether
the refusal to accept or non-acceptance of the nomination
paper of the petitioner by the Block Development Officer-
cum-Election Officer, Nawanagar will qualify as
"exceptional circumstance" for maintaining this writ
challenging the election of respondent no. 12 for the post of
Chairman and Members of the Giridhar Baraon PACS,
Block- Nawanagar under the District- Buxar?'
10. It is the specific case of the petitioner that when
the Block Development Officer-cum-Election Officer,
Nawanagar did not accept the nomination paper of the
petitioner, which the petitioner, claims to have presented before
him on 10.01.2025 at 11:00 AM, the petitioner thereafter filed
applications to various authorities including through emails,
which the petitioner has enclosed by way of Annexure-P/3
series. On careful examination of all the documents which are
enclosed as Annexure-P/3 series, it shall transpire that none of
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
the documents reveal or establish the fact that they were
instituted prior to 03:00 PM on 10.01.2025. In fact, the emails
dated 10.01.2025 which are enclosed at Page-47 to Page-50 of
the writ application clearly show that they were sent after 10:30
PM on 10.01.2025. In fact, one of the emails at Page-50 shows
that it was sent on 11.01.2025 at 12:20 AM. There is absolutely
no document on record to even, prima facie, establish the
contention of the petitioner that the petitioner had approached
the Block Development Officer-cum-Election Officer,
Nawanagar prior to 03:00 PM on 10.01.2025 for filing his
nomination. On the contrary, the respondents have clearly stated
that the petitioner had turned up to file his nomination paper
after 03:45 PM on 10.01.2025 which is also stated in the report
contained in Letter No. 147 dated 06.02.2025 (Annexure R/B).
11. For the reasons as stated above, it can be safely
concluded that the petitioner has failed to establish that the
petitioner had presented the nomination paper on 10.01.2025
prior to 03:00 PM and consequently, the contention of the
petitioner that his nomination paper was refused to be accepted
by the Block Development Officer-cum-Election Officer,
Nawanagar has to be rejected.
12. Since, the petitioner has failed to establish his case
Patna High Court CWJC No.732 of 2025 dt.01-08-2025
of non-acceptance or refusal to accept the nomination paper by
the Block Development Officer-cum-Election Officer,
Nawanagar, therefore, the second part of the legal proposition
regarding exceptional circumstance does not require to be
answered in the present case and is kept open for consideration
in an appropriate case in future.
13. Under the aforesaid facts and circumstances, the
present writ application is dismissed on account of the fact that
during the pendency of the writ application, the election has
already been held in which the respondent no. 12 has already
been declared elected for the post of Chairman and Members of
the Giridhar Baraon PACS, Block- Nawanagar under the
District- Buxar and also on account of the fact that the petitioner
has failed to establish his case.
14. Accordingly, the writ application stands
dismissed. All pending Interlocutory Applications, if any shall
stand dismissed.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
AFR/NAFR NAFR
CAV DATE 28.07.2025
Uploading Date 01.08.2025
Transmission Date NA
