Patna High Court - Orders
Vishal Kumar vs The State Of Bihar & Ors on 9 December, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18760 of 2015
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Vishal Kumar S/o Pradeep Kumar Gupta, Vill+ P.O- Narkatiya, P.S. Darpa,
Distt- East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar, through its Principal Secretary, Co-Operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies Bihar Patna.
3. District Co-operative Officer-cum-Deputy Election Officer, Narkatiya
PACS, East Champaran, Motihari.
4. The Assistant Registrar, Co-operative Societies, Sikarhana Anchal
,District- East Champaran Motihari.
5. Block Development Officer, Chaudadano-cum-Election Officer,
Narkatiya PACS, East Champaran, -845302
6. Anil Kumar S/o Late Sonalal Sah Vill+PO -Narkatiya, P.S. Darpa, Distt
East Champaran.
.... .... Respondents
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Appearance :
For the Petitioner : M/s. Ishwari Singh and
Manish Kumar Singh, Advocates
For the State : Mr. Sushant Praveer, A.C. to S.C.27
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 09-12-2015Heard Mr. Ishwari Singh, learned counsel for the petitioner and learned counsel for the State.
The petitioner is aggrieved by the order dated18.9.2015/19.10.2015 of the Assistant Registrar, Co- operative Societies, Sikarhana in the district of East Champaran whereby and whereunder he has directed the Returning Officer-cum-Block Development Officer, Chaudadano for recount of the votes and following which the Block Development Officer vide Memo No.570 dated Patna High Court CWJC No.18760 of 2015 (2) dt.09-12-2015 2/4 01.12.2015 had fixed 05.12.2015 as the date of recount. The petitioner has raised the following issues for consideration :
(a) The Assistant Registrar exercised suo motu jurisdiction under Section 48 of the Bihar Co-operative Societies Act to entertain the election petition has acted without jurisdiction for such power in terms of Section 14A(6) of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as „the Act‟) read with Section 48(2) of „the Act‟ lies exclusively with the Registrar Co-operative Societies to either hear an election dispute himself or to allocate the same to any authority so the designated with the powers of Registrar under Section 6(2) of „the Act‟.
(b) The election petition in its present form was not maintainable for the moment the prayer for recount has been made, the election petitioner had to arraign of the contesting candidates which has not been done.
(c) The election petition also was not maintainable for it contains no consequential prayer after carrying on recount process.
(d) The Bihar State Election Authority Act, 2008 and the Rules framed there under provides no such Patna High Court CWJC No.18760 of 2015 (2) dt.09-12-2015 3/4 ground for maintaining of election petition exclusively for recount.
Let a counter affidavit be filed by the Registrar Co-operative Societies himself as to the issue raised and noted hereinabove.
Let notice be issued to the respondent no.6 for which requisites under ordinary process as well as the registered cover with A/D be filed within one week, failing which this application as against the concerned respondent shall stand rejected without further reference to a Bench.
Let the petitioner also serve Dasti to the respondent no.6 for which also requisites be filed within the same period.
Put up after service of notice/appearance of the private respondent/filing of affidavit of dasti service whichever is earlier, under the heading "For Orders" for fixing a date of hearing in admission matter.
Until further order of this Court, if the directions contained in the order dated 18.09.2015/19.10.2015 of the Assistant Registrar has not been carried out by the Block Development Officer, Chaudadano and the result on recount held on 05.12.2015 Patna High Court CWJC No.18760 of 2015 (2) dt.09-12-2015 4/4 has not yet been announced, until today, the same will await the outcome of the present proceeding.
Since the order is passed in presence of Mr. Sushant Praveer, learned A.C. to S.C.27, he shall communicate this order to the Election Officer cum Block Development Officer, Chaudadano, for its compliance.
(Jyoti Saran, J) N.H./-
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