Petitioner alleged that the elected Chairman of a Primary Agriculture Credit Society concealed criminal antecedents and property in his nomination affidavit. As his pending representation before the Registrar had not been decided, the court disposed of the writ petition directing the Registrar to decide it within six months after notice and hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.81 of 2024
======================================================
Shashi Shankar Son of Akhileshwar Prasad Singh, Resident of Village 84 Maharani Road, New Arariya, Vishwar Talab, P.S.-Makhdumpur, DistrictGaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mrs. Ritika Rani, Advocate Mr. Dinu Kumar, Advocate Mr. Vardan Mangalam, Advocate Mrs. Himja Gautam Singh, Advocate For the Respondent/s : Mr. Mujtabaul Haque ( GP-12 ) Mr. Pranoy Kumar, AC to GP-12 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 19-08-2024 Heard Mr. Dinu Kumar, learned counsel for the
petitioner and the State.
“i. For commanding the respondents to take appropriate decision against Kamlesh Kumar, Son of Surendra Singh, Resident of Village-Koily, P.O-Sagarpur, P.S- Makhdumpur, District-Jehanabad, respondent no.8 who has been elected as the Chairman of Primary
Patna High Court CWJC No.81 of 2024(3) dt.19-08-2024
2/3
Agriculture Credit Societies (for brevity PACs) after concealing the criminal antecedent and the property at the time of filing the nomination paper on 26/11/19.
ii. To hold and declare, election of Kamlesh Kumar, respondent no.8 as the Chairman PACs, who has won the election for the post of the Chairman, PACs after concealing the criminal antecedent and the property is fit to be declared illegal, void, ab-initio and not sustainable in the eyes of law.
iii. To hold and declare, continuation of Kamlesh Kumar, respondent no.8 as the Chairman PACs, who has won the election for the post of the Chairman, PACs after concealing the criminal antecedent and the property is fit to be declared illegal, void, ab-initio and not sustainable in the eyes of law.
iv. For commanding the respondents to restrain the working of Kamlesh Kumar, respondent no.8 as the Chairman PACs, who has won the election for the post of the Chairman, PACs after concealing the criminal antecedent and the property.
v. Also for necessary relief/reliefs, order/orders, direction/directions for which the petitioner is entitled in the eye of law as well as on facts of the case.”
Patna High Court CWJC No.81 of 2024(3) dt.19-08-2024 3/3
that against the suppression of fact in the affidavit by the respondent No. 8, Kamlesh Kumar, he has already preferred petition before the respondent no. 3, the Registrar Cooperative Department, Bihar, Patna which was duly received on 18.05.2023 as would be seen from the stamp but no decision has been taken.
months.
(Rajiv Roy, J)
Adnan/-
U
1 issue framed by the court
Whether the election of the respondent as Chairman of a PACS after concealment of criminal antecedents and property in the nomination affidavit should be declared void.
Shashi Shankar
The State of Bihar through Chief Secretary, Government of Bihar, Patna
The Secretary, Co-operative Department, Government of Bihar, Patna
The Registrar, Co-operative Department, Government of Bihar, Patna
The Joint Registrar, Co-operative Department, Government of Bihar, Patna
Kamlesh Kumar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
