Patna High Court - Orders
Ashok Kumar Singh & Ors vs The State Of Bihar & Ors on 18 November, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18158 of 2014
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Ashok Kumar Singh
.... .... Petitioner/s
Versus
The State of Bihar & Ors.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Adv.
For the Respondent/s : Mr. Md. Raisul Haque, S.C. 4
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 18-11-2014The issue raised in this writ petition is that even if by virtue of the Circular dated 22.9.2014 as contained in Annexure-1 more particularly paragraph 1 thereof, the State Election Authority has decided to go for reelection for constituting a Managing Committee in absence of there being sufficient nomination to form the quorum of the Committee, whether it would apply to cases where there were single nomination to the post of Chairman and whether the State Election Authority can also hold reelection for the said post or it would be contrary to the provisions underlying Rule 21P of the Bihar Cooperative Societies Rules, 1959 framed under the Act which clearly stipulates that if the number of valid nomination received is equal to the number of post, the candidates filing such nominations would be deemed to be elected. Meaning thereby that where there is a single nomination to the 2 Patna High Court CWJC No.18158 of 2014 (2) dt.18-11-2014 2/2 post of Chairman, such candidate would be deemed to have been elected.
It is stated by Mr. Mukesh Thakur that he has sought information in this regard from the State Election Authority so as to reach him by 25.11.2014. In the circumstances let this matter be listed under the same heading on 27.11.2014 at the top of the list.
(Jyoti Saran, J) Bibhash/-
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