Patna High Court
Manish Kumar @ Manish vs The State Of Bihar on 17 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.530 of 2025
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Manish Kumar @ Manish Son of Indrajit Singh resident of village-
Jahanabad, P.O- Kudra, Ward No. 6, P.S.- Kudra, District- Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Secretary, Bihar State Election Authority, 32 Harding Road, Patna -
800001.
3. The Registrar, Co-operative Society, Bihar, Patna.
4. The Deputy Registrar, Co-operative Society, Bihar, Patna.
5. The District Co-operative Officer, Kaimur at Bhabhua.
6. The Assistant Registrar, Co-operative Society, Kaimur at Bhabhua.
7. The Block Development Officer (BDO) cum PACCS Electoral Officer,
Kudra, Kaimur at Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Election Authority: Mr. Mukesh Kumar Thakur, Advocate
For the State : Mr. Government Advocate-02
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 17-01-2025
Heard learned counsel for the petitioner, learned counsel
for the Bihar State Election Authority as well as learned counsel for
the State.
2. The present writ petition has been filed for the
following reliefs :
" A. For issuance of writ in nature of mandamus for direction
to stay on Notification of nomination contained in Memo No.
2314 dated 27.12.2024 issued by the respondent no. 2 with
respect to PACCS election under Nagar Panchayat PACCS,
Patna High Court CWJC No.530 of 2025 dt.17-01-2025
2/3
Kudra (earlier Jahanabad PACCS) (Primary Agriculture Credit
Co-operative Society) Prakhand- Kudra, Kaimur which is
scheduled from 16.01.2024 to 17.01.2025 is subject to gross
irregularity in publication of electoral roll contrary to the
Guideline contained in Memo No. 2178 dated 04.12.2024
issued by the respondent no. 2, against such irregularity
petitioner filed objection application in terms of said Guideline
which is still pending in expectation of final speaking order of
authority.
B. For issuance of writ in nature of mandamus for
commanding and directing the respondent authority to issue
a fresh electoral roll of Nagar Panchayat PACCS Kudra (earlier
Jahanabad PACCS) (Primary Agriculture Credit Co-operative
Society) after consideration of petitioner membership keeping
in view that he is coming as member since year 2009 and
whose name was also mentioned in list of membership in
electoral roll of year 2019 and thereafter suddenly in final
publication of electoral roll his name was ousted from
membership in order to deprive him from contesting election.
C. And for any other relief/reliefs for which the petitioner is
found to be entitled under the provision of law involved in the
present case."
3. Learned counsel for the petitioner outrightly submits
that with the bad intention the authority concerned had published
the name of the petitioner as a co-member in the voter list for the
PACCS election. Although, the petitioner is the member since 2009
only intention the petitioner not participate in the present election
and as per the Notification of the State Electoral Office, today i.e.
17.01.2025
is the last date of nomination.
Patna High Court CWJC No.530 of 2025 dt.17-01-2025
4. Mr. Mukesh Thakur, learned counsel for the Bihar State
Election Authority appears and fairly submits that it appears with
the malafide intention the name of the petitioner had not published
as a member in the voter list and although necessary direction was
issued as Annexure-P/6 by the State Election Authority to the Block
Development Officer but he has not taken step as yet.
5. In view of the aforesaid, the Block Development Officer
(BDO) cum PACCS Electoral Officer, Kudra, Kaimur at Bhabhua
(respondent no. 7) is directed to accept the nomination paper of the
petitioner treating him as a member of the concerned PAACS.
6. Learned counsel for the Bihar State Election Authority
as well as learned counsel for the State are directed to communicate
the order to the authority concerned.
7. With the aforesaid directions, the writ petition stands
disposed of.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 17.01.2025
Transmission N.A.
Date
