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Showing contexts for: election process in Arun Kumar Singh vs The State Of Bihar on 12 January, 2026Matching Fragments
The present writ petition has been filed for quashing the Letter No. 2824, dated 10.10.2025, issued by the Joint Secretary, Bihar State Election Authority, whereby the process of preparation of voters' list for election to the post of Chairman of Motihari District Central Co-operative Bank Ltd. was initiated and further prayed for restraining the respondents from Patna High Court CWJC No.18676 of 2025(6) dt.12-01-2026 proceeding with the election process.
33. It has further been submitted that the Bihar State Election Authority had already initiated the election process on 22.05.2025 by issuing directions for preparation of the voters' list, which is an integral and inseparable part of the election process. The first proviso to Section 14 (9) of the 1935 Act could have been attracted only if the casual vacancy had arisen after the expiry of half of the original tenure of the Board. Admittedly, in the present case, the vacancy arose on 05.11.2024, i.e., much prior to 12.10.2025, and, therefore, the first proviso to Section 14 (9) of the 1935 Act has no application whatsoever.
61).
37. I have heard learned Counsel for the parties concerned and have perused the material available on records.
38. It is an admitted and undisputed fact that the vacancy on the post of Chairman arose on 05.11.2024, at the Patna High Court CWJC No.18676 of 2025(6) dt.12-01-2026 point of time when more than half of the original statutory tenure of the Board was still remaining. The Board, in its meeting, dated 18.12.2024, unanimously resolved to have the said vacancy filled up through a by-election and authorized initiation of the statutory process. It is further undisputed that the Bihar State Election Authority had already initiated the election process on 22.05.2025 by issuing instructions for preparation of the voters' list, which is an integral and inseparable component of the election process. The half-term of the Board expired subsequently on 12.10.2025, i.e., after the election process had already commenced.
39. The preparation of the electoral roll is the intermediate stage in the process of election and as per the decision of the Supreme Court, in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha (supra), the election process is set in motion by preparation of the electoral roll.
40. Section 14 (9) of the 1935 Act, 1935, is quoted herein below:
"14 (9) Notwithstanding anything contained in any provision of rules or the Bye-laws of any Co-operative Society the term of office of elected members of the Board and its Office- Patna High Court CWJC No.18676 of 2025(6) dt.12-01-2026 bearers shall be five years from the date of election and the term of Office-bearers shall be co-terminus with the term of the Board: