Disposed

Nand Kishore Mahto v. The State Of Bihar and Ors.

Patna HC15 May 2017CWJC/3956/2017

Case brief

AI extract

What is this about?

The Patna High Court held that once cooperative societies elections concluded, public interest litigation regarding voter list preparation was not maintainable. The aggrieved petitioner must file an election petition or complaint with the Registrar of Co-operative Societies.

What did the court decide?

Matter disposed of with liberty to petitioner to take issue before Registrar of Co-operative Societies and Chief Election Officer.

Nand Kishore Mahto Vs The State Of Bihar and Ors. — Election Law | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3956 of 2017

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Nand Kishore Mahto, son of Late Mishri Mahto, resident of Village- Kamrawn, P.S.- Dalsinghsarai, District- Samastipur

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Co-operation, Bihar, Patna.

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The Principal Secretary, Department of Co-operation, Bihar, Patna. 3. The Registrar, Co-operative Societies, Bihar, Patna.

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Bihar State Election Authority, through the Chief Election Officer, 32, Hardinge Road, Patna- 800001.

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The Chief Election Officer, 32, Hardinge Road, Patna- 800001.

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The District Magistrate, Samastipur-cum-District Election Officer (Cooperatives), Samastipur.

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The District Co-operative Officer, Samastipur.

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The Assistant Registrar, Co-operative Societies, Dalsinghsarai, DistrictSamastipur.

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The Block Development Officer-cum-Returning Officer, Ujiarpur, Samastipur.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. R. B. PD.Yadav-AAG-11

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Mr. Jitendra Kumar, AC to AAG-11

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=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE) Date: 15-05-2017

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Once the election to the Cooperative Societies in

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question are over, the question of preparation of voter list and illegality in preparation of it cannot be dealt with in a public interest litigation now by this Court exercising its extraordinary jurisdiction under Article 226 of the Constitution.

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In case the voter list has not been prepared properly or

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Patna High Court CWJC No.3956 of 2017 dt.15-05-2017

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2/2

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there are errors in the voter list, as indicated, the aggrieved person should now file an election petition before the Registrar, Cooperative Societies, or make a complaint to the Registrar, Cooperative Societies who, under law, is bound to address the issue not only with regard to the grievance of the petitioner, but also of other aggrieved persons.

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With liberty granted to the petitioner to take up the issue with the Registrar, Cooperative Societies and the Chief Election Officer, respondent No.3 and 5 respectively, the matter stands disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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K.C.jha/-

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AFR/NAFR	NAFR
CAVDATE	N/A
UploadingDate	20.5.2017
Transmission Date	N/A

Nand Kishore Mahto v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Nand Kishore Mahto v. The State Of Bihar and Ors.

Case brief

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