Patna High Court
Baidya Nath Sinha vs The State Of Bihar on 24 June, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7251 of 2022
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1. Baidya Nath Sinha Son of Late Ram Surat Sinha @ Ram Surat Singh
Membership No.- 266, Resident of A.G. Colony, Plot No.- C/20, P.O.-
Ashiana Nagar, P.S.- Shastri Nagar, Patna- 800025.
2. Md. Sarfraj Alam S/o Late Md. Masoom Alam Membership No.- 121,
Resident of A.G. Colony, Plot No.- A/38, P.O.- Ashiana Nagar, P.S.- Shastri
Nagar, Patna- 800025.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Co-operative Department,
Government of Bihar.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. The District Magistrate-cum-District Election Officer, Patna.
4. District Co-operative Officer, Patna Sadar, Patna.
5. The Bihar State Election Authority through its Secretary, Bihar, Patna.
6. The Secretary, Bihar State Election Authority, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Pandit, Advocate
For the Respondent/s : Mr. Amit Prakash, GA 13
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 24-06-2022
Petitioners have prayed for the following
relief(s):-
(i) For direction to the respondents for granting
membership of 29 legal heirs of deceased members of
Patna High Court CWJC No.7251 of 2022 dt.24-06-2022
2/3
the Patna Branch A.G. Office Housing Co-operative
Society Ltd., Patna whose applications with entire
documents/papers along with affidavit have already
been submitted in the office of DCO, Patna and to
include their name in the voter list of Society
enabling them to participate in the forthcoming
election schedule to be held pursuant to the
notification contained in Memo No. 540 dated
13/04/2022issued by the Bihar Sate Election Authority, Patna for the midterm election of Patna Branch A.G. Office Housing Co-operative Society Ltd., Patna because the Society is dissolved by the order of DCO Patna dated 15/05/2019 and entire power of Society is vested in the DCO office.
(ii) For a direction to the respondents for termination of entire illegal memberships of the Society created illegally by way of 'A' and 'B' and to remove tgheir names from the voter list of the Society as granted illegally and entered in the voter list of 2018 on the basis of absolute sale deed of lease hold property and not by member's share transfer as required under By-Laws of the society which is void ab-initio. The Bihar State Election Authority, Patna vide its order contained in memo no. 1946 dated 29/12/2021 had removed such illegal 18 voters of the society listed in the voter list of 2018 by way of A and B on the basis of report of DCO, Patna but subsequently the said order has been canceled by the Election Authority itself without assigning cogent reasons by the order contained in memo no. 531 dated 12/04/2022 and only 6 members stand removed from the voter list, which includes three members selected from earlier 18 voters and three new persons have been added for terminating them from the voter list.
(iii) For direction to the respondent Bihar State Election Authority, Patna to stay the election process as notified by notification contained in Memo No. 540 dated 13/4/2022 for midterm election of Patna Branch A.G.Office Housing Co-opeartive Society Ltd., Patna without thoroughly revising and updating the voter list of the Patna Branch A.G.Office Housing Co-opeartive Society Ltd., Patna. Since almost 133 members of the Society have died and their legal heirs should be included in the voter list in their place to exercise voting right but respondents are Patna High Court CWJC No.7251 of 2022 dt.24-06-2022 3/3 adamant to conduct election on the basis of 2018 disputed voter list as the election authority has fixed the election schedule by Memo no. 540 dated 13/04/2022 without updating the voter list.
(iv) For any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."
Present petition is disposed of reserving liberty to the petitioner to take recourse to the provisions under the mechanism provided under specific legislation dealing with the disputes pertaining to membership and election.
We are hopeful, as and when any such appropriate action is taken, the same shall be considered and decided expeditiously and preferably within a period of six months.
Interlocutory application, if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 29.06.2022 Transmission Date