Patna High Court
Umesh Kumar vs The State Of Bihar on 9 October, 2025
Author: Sudhir Singh
Bench: Sudhir Singh, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.763 of 2025
In
Civil Writ Jurisdiction Case No.18663 of 2024
======================================================
Umesh Kumar Son of Sitaram Singh Resident of Village and P.O. - Pirapur
Mathura, P.S. - Goraul, District - Vaishali at Hajipur. ... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Cooperative, Government of Bihar, Patna.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. The Joint Registrar (Marketing), Cooperative Societies, Bihar, Patna.
4. The District Magistrate-cum-District Election Officer (Cooperative),
Vaishali at Hajipur, District - Vaishali at Hajipur.
5. The Divisional Joint Registrar, Cooperative Societies, Tirhut Division,
Muzaffarpur.
6. The Assistant Registrar, Cooperative Societies, Hajipur Circle, District -
Vaishali at Hajipur.
7. The District Cooperative Officer, Vaishali at Hajipur, District - Vaishali at
Hajipur.
8. The Block Development Officer-cum-Returning Officer, Cooperative
Election, Goraul Block, District - Vaishali at Hajipur.
9. The Block Cooperative Officer, Goraul, District - Vaishali at Hajipur.
10. Pirapur Mathura Primary Agriculture Credit Cooperative Society Ltd., P.O.
Pirapur Mathura , P.S. and Block- Goraul , District- Vaishali at Hajipur
through the Administrator.
11. The Administrator, Pirapur Mathura Primary Agriculture Credit Cooperative
Society Ltd., P.O. Pirapur Mathura, P.S. and Block Goraul, District - Vaishali
at Hajipur.
12. The State Election Authority, Bihar, Patna through the Chief Election
Officer.
13. The Secretary, The State Election Authority, Bihar, Patna.
14. Nawal Rai, Son of Late Malik Rai, Resident of village and P.O.- Babhan
Toli, P.S.- Goraul, District- Vaishali at Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S.B.K. Mangalam, Advocate
: Mr. Awnish Kumar, Advocate
: Mr. Kumar Gaurav, Advocate
: Mr. Vikash Kumar Singh, Advocate
: Mr. Rishi Raj, Advocate
For the State : Additional Advocate General-7
For the Resp. No.14 : Dr. Mithilesh Kumar, Advocate
: Mr. Raja Ram Rai, Advocate
For Election Authority : Mr. Mukesh Kumar Thakur, Advocate
======================================================
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
2/12
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
CAV JUDGMENT
(Per: HONOURABLE MR. RAJESH KUMAR VERMA)
Date : 09-10-2025
Heard Mr. S.B.K. Mangalam, learned counsel for
the appellant, Dr. Mithilesh Kumar, learned counsel for
Respondent no.14, AAG-7, learned counsel for the State and
Mr. Mukesh Kumar Thakur, learned counsel for the Election
Authority.
2. The present appeal is directed against the
judgment and order dated 14.07.2025 passed in C.W.J.C. No.
18663 of 2024, whereby and where under, the writ court was
pleased to dismissed the writ petition with cost of Rs.20,000/-
against the appellant.
3. Initially the appellant who was the writ
petitioner challenged the order dated 29.10.2024/20.11.2024
passed by the Respondent No.2 and letter dated 22.11.2024
issued under the signature of the Respondent no.3 by which
respondent no.2 has been pleased to direct for counting of votes
of the election which was held on 13.12.2019 for constitution of
Managing Committee of the Respondent Society in compliance
of the order dated 22.04.2024 passed in Civil Appeal No. 5312
of 2024 but without supplying any copy of the report of the
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
3/12
Respondent No.5.
4. The appellant further sought relief from the writ
court that respondent no.5 be directed to produce on record his
report, and on production the same may be quashed by the writ
court for a declaration that if on consideration of all materials
available with Respondent society regarding grant of
membership to 392 applicants if the Administrator of Society,
District Cooperative Society and the Returning Officer-cum-
Block Development Officer, Goraul had published the voter list
of 1547 voters of the Respondent Society.
5. The facts of the case reveals that on 15.11.2019
(Annexure P/5 to the writ petition), a complaint was filed before
the State Election Authority regarding the manner in which the
voter-list was prepared by the authority.
6. The State Election Authority vide order dated
16.11.2019
directed the Block Development Officer, Goraul,
Vaishali to consider the objections regarding updation of voter-
list.
7. On 20.11.2019, the appellant/writ petitioner filed
his complaint before the State Election Authority about the
conduct of returning officer.
8. The State Election Authority on 21.11.2019 had
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
directed the District Magistrate, Vaishali to hold an inquiry and
take appropriate action with regard to the complaint of the
appellant/writ petitioner. The appellant/writ petitioner had filed
C.W.J.C No. 24786 of 2019 for quashing of the proceeding of
the Managing Committee of the Cooperative Society.
9. Vide order dated 12.12.2019 the writ court
passed an interim order staying counting and declaration of
result. The relevant paragraph-6 of the aforesaid interim order is
quoted hereinbelow:-
" In the meantime, though election may
proceed tomorrow, but no further
process, including counting and
declaration of result shall take place
and the ballet shall be kept under
sealed cover until further orders of the
Court."
10. Learned counsel for the appellant further
submits that finally the matter was heard by a Division Bench of
this Court and was finally disposed of vide order dated
09.01.2023. The relevant paragraph 8 to 11 of the aforesaid
order is quoted hereinbelow:-
"8. Having given our anxious thoughts, the
Court would like to indicate, what is going
through its mind. On the one hand.
elections have been held minus the 392
persons who had applied well before the
preparation of the voter list. On the other
hand, the body which was competent to
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
consider, i.e., the Managing Committee
itself in the resolution bought on record has
accepted the application of some of the
persons and rejected some, which clearly
means that out of 392 persons at least some
were allowed Once they were allowed, they
had to be made members and their names
ought to have figured in the voting list and
they had a right to take part in the election.
Admittedly, all 392 persons have been left
out. This 392 figure compared to 1116,
which is the numbers of persons included in
the voter list, is a large number to be
ignored without the due process of law
which clearly, at the cost of repetition, the
Court has held has not been done
9. Accordingly, taking an overall view in
the matter, the Court holds that the
election cannot be sustained and the
exercise has to be redone right from the
inception i.e., preparation of the voter list
itself However, the said exercise will be
limited to the 1116 members already there
in the voter list and the 392 fresh
applicants.
10. The State Election Authority is
directed to issue fresh programme
starting from the stage of preparation of
voter list. The Court would indicate that
the consideration would not extend
beyond the 1116 persons already being
on the voter list and the concerned 392
applicants and the exercise shall be
taken to its logical conclusion, strictly in
accordance with law including the
statutory aspect of the Act and the Rules
as also the bye-laws of the PACS. The
same be initiated within four weeks from
today Further, any objections which may
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
be filed shall be dealt with and disposed
of in time strictly in accordance with law
after proper consideration of both the
factual and legal aspects.11 Coming to
the issue of there being grave
irregularity committed by the officers of
the Co-operative Department especially
at the district level, the Court was of the
opinion that the enquiry be entrusted to
the Vigilance Department for which Mr.
Alok Raj, the Director General,
Vigilance is present in the Court
However, in view of the request made by
the Secretary Department of Co-
operation, Government of Bihar that she
may be entrusted with holding an in
house enquiry and also to lay down
strict guidelines with regard to how the
officers of the Department are to act in
cases related to the constitution of
Managing Committees/ Governing
Bodies of Co-operative Societies at all
levels, the Court acceding to such
request refrains from directing for any
vigilance enquiry, for the present.
However, the Court has been assured
that such exercise would be completed
within two months and also strict and
specific guidelines would be issued The
Court would only add that the
departmental officers should also be
communicated that any violation and
failure to strictly adhere to those
guidelines shall be treated as misconduct
and shall lead to penal consequences.
The Court expects that based upon the
enquiry with regard to the conduct of the
then officers in the present case,
responsibility shall be fixed and action
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
shall be taken."
11. Respondent No.14 has challenged the order
dated 09.01.2023 passed in CWJC No. 24786 of 2019 before the
Hon'ble Supreme Court in Civil appeal No. 5312 of 2024 and
the same was dispose of on 22.04.2024. The relevant portion of
the aforesaid order is quoted hereinbelow:-
"4. We have heard learned senior
counsel for the appellant as well as
learned State counsel. The first
respondent, who was the writ
petitioner before the High Court, has
not come forward.
5. In our considered opinion, the
issues relating to establishment,
management and affairs of the Society
can be effectively determined by the
Statutory Authority, namely, the
Registrar, Cooperative Society, who
can, if need be, hold a Fact-Finding
Enquiry and/or summon the original
records to determine whether the 392
applicants had applied for
membership or not and if so, whether
they were eligible to be included in the
voter list. Without undertaking such an
exercise, it will be difficult to hold that
the election of Managing Committee of
the Society held by excluding those
voters, is vitiated in law. Consequently,
we do not deem it necessary to delve
into the merits of the case and rather
remit the same to the Registrar,
Cooperative Society, Bihar, who may
in his discretion decide the entire
controversy himself or refer it to an
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
Officer, not below the rank of Deputy
Registrar, to hold a Fact-Finding
Enquiry; determine the claim, if any,
of 392 applicants and consequently
further adjudicate the legality of the
elections of the Managing Committee
already held. It goes without saying
that if the Competent Authority comes
to the conclusion that the 392
applicants never applied for
membership and/or were ineligible to
be included in the voter list, the
elections already held would warrant
no interference. However, if such
applicants have been deprived of their
right to vote in the elections of the
Managing Committee, necessary
consequences must follow."
12. Learned counsel for the Respondent No.14
submits that he had taken preliminary objection with regard to
maintainability of the aforesaid writ petition on the ground that
as per the Article 329 (b) and Article 243-ZG of the
Constitution of India, election process at intermediate stage is
not amenable to writ jurisdiction under Article 226 of
Constitution of India, except by way of election petition
presented to such authority and in such manner as may be
provided for by or under any law.
13. Learned counsel for the respondent no.14
further submits that as per Section 21 (x) of the Bihar
Cooperative Society Rules 1959-
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
" Any dispute relating to election of a
Cooperative Society may be raised within
(90 days) from date of declaration of result
and such dispute shall be decided under
Section 48 of Bihar Cooperative Societies
Act, 1935."
14. Learned counsel for the Respondent no.14
further submits that Hon'ble Apex Court has been pleased to
dispose of Civil Appeal No. 5312 of 2024 and the matter was
remitted back to the Registrar, Cooperative Societies, Bihar
Patna for deciding the entire controversy himself or refer it to an
official not below the rank of the Deputy Registrar to hold a fact
finding inquiry to determine the claim of any of 392 applicant
and consequently further adjudicate the eligibility of the election
of the managing committee already held. In Compliance of
order of the Hon'ble Apex Court, respondent no.2 has issued
notice to all concerned and they were directed to file their
written notes of arguments. As per direction of Respondent no.2,
Respondent no.5 has proceeded with fact finding inquiry and
summon the appellant and respondent no.14 in the office of the
District Cooperative Officer on 24.07.2024 and after inquiry,
Respondent no.5 submitted his report to Respondent no.2 vide
his letter no. 1695 dated 17.08.2024.
15. Learned counsel for the Respondent no.14
submits that copy of the fact finding report dated 17.08.2024 has
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
not been given to the appellant/writ petitioner (as claimed by the
appellant/writ petitioner) but from bare perusal of the aforesaid
report dated 17.08.2024, it suggest that appellant/writ petitioner
has received a copy of the aforesaid fact finding report on
10.09.2024.
16. Learned counsel for Respondent no.14 further
submits that the appellant/writ petitioner was not before the
Hon'ble Apex Court in Civil Appeal No. 5312 of 2024 and as
per Section 48 of the Bihar Cooperative Societies Act, 1935
read with Rule 21(x) of the Bihar Cooperative Societies Rule,
1959, the election petition is the only remedy and apart from
aforesaid that after the order of the competent authority which
was passed in compliance of the order dated 22.04.2024 passed
in Civil Appeal No.5312 of 2024 the result was published and
Respondent no.14 has been declared successful and he has
already taken oath.
17. Learned counsel for the State Election
Authority submits that appellant has not come with clean hand
rather he has made false statement before the writ court. He
further referred to the paragraph 1 & 2 of the judgment of the
Supreme Court in Dalip Singh vs State of U.P. & Ors reported
in (2010) 2 SCC 114 which is quoted hereinbelow:-
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
"For many centuries, Indian society
cherished two basic values of life i.e.,
`Satya' (truth) and `Ahimsa' (non-
violence). Mahavir, Gautam Buddha and
Mahatma Gandhi guided the people to
ingrain these values in their daily life.
Truth constituted an integral part of
justice delivery system which was in
vogue in pre-independence era and the
people used to feel proud to tell truth in
the courts irrespective of the
consequences. However, post-
independence period has seen drastic
changes in our value system. The
materialism has over-shadowed the old
ethos and the quest for personal gain has
become so intense that those involved in
litigation do not hesitate to take shelter of
falsehood, misrepresentation and
suppression of facts in the court
proceedings.
2. In last 40 years, a new creed of litigants
has cropped up. Those who belong to this
creed do not have any respect for truth.
They shamelessly resort to falsehood and
unethical means for achieving their goals.
In order to meet the challenge posed by
this new creed of litigants, the courts
have, from time to time, evolved new rules
and it is now well established that a
litigant, who attempts to pollute the
stream of justice or who touches the pure
fountain of justice with tainted hands, is
not entitled to any relief, interim or final."
18. We have heard the counsel for the parties and
perused the records as well as order/orders as mentioned
aforesaid which transpired that the petitioner/appellant has not
Patna High Court L.P.A No.763 of 2025 dt.09-10-2025
come before this Court with clean hand and he has suppressed
the material fact that he has not received copy of the report
dated 17.08.2024. Infact he has received the aforesaid report on
10.09.2024 itself and apart from the aforesaid as per Section 48
of the Bihar Cooperative Societies Act, 1935 read with Rule
21(x) of the Bihar Cooperative Societies Rule, 1959, the
election petition is the only remedy. In compliance of the order
of the Hon'ble Apex Court passed in Civil appeal No. 5312 of
2024, the competent authority has published the result of the
election in question and Respondent no.14 has been declared
successful and he has already taken oath.
19. In view of the aforesaid, there is no merit in the
present appeal and same stands dismissed.
20. Interlocutory Application(s) if any shall stand
disposed of.
(Sudhir Singh, J)
I agree
(Rajesh Kumar Verma, J)
Suruchi/-
AFR/NAFR NAFR
CAV DATE 17.09.2025
Uploading Date 09.10.2025
Transmission Date NA
