A writ petition challenging the State Election Authority's order regarding voter list inclusion and demanding a fresh election for a Cooperative Society was dismissed. The court accepted a preliminary objection that the petition was not maintainable and the election had already concluded.
None. The writ petition is dismissed in its entirety.
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.2819 of 2025
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Gauri Shankar Upadhyay son of Ram Dev Upadhyay, resident of villageDugupura, P.O.- Thakura, P.S.- Ramgarh, District- Kaimur at Bhabhua.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.B.K. Manglam Mr. Awnish Kumar, Advocates For the State : Mr. Standing Counsel 07 For the Election Authority: Mr. Mukesh Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
counsel for the State as well as learned counsel for the State Election Authority.
Patna High Court CWJC No.2819 of 2025(2) dt.03-03-2025 2/3
“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 28.01.2025 passed by the Respondent No. 8 and contained in his memo no. 304 dated 28.01.2025, whereby and whereunder the State Election Authority has been pleased to direct for inclusion of name of 540 members in the voter list of Traitha Primary Agriculture Credit Cooperative Society (hereinafter referred to as the PACCS) on the ground that if in pursuance of the notification of the State Election Authority dated 24.09.2024 no such member had come forward to file her claim for inclusion of his name in the voter list rather the claim is filed by the Chairman of Society which was rejected by the Returning Officer and the order of Returning Officer was not challenged before any competent authority, the Respondent State Election Authority does not have any jurisdiction to interfere in preparation of voter list of society in question.
(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the supplementary voter list published by the Returning Officer on 31.01.2025 contained the name of 540 new voters in view of the order dated 28.01.2025 passed by the State Election Authority on the ground that no opportunity has been granted by the Returning Officer for filing of objections against the supplementary voter list.
(III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing
Patna High Court CWJC No.2819 of 2025(2) dt.03-03-2025 3/3
the Respondent Authorities to hold the election of Respondent Society on the basis of voter list finally published by the Returning Officer as per schedule contained in letter no. 1633 dated 24.09.2024 and conclude the election of Managing Committee at the earliest.
(IV) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”
Ibrar//-
(Rajesh Kumar Verma, J)
U
1 issue framed by the court
Whether this Court has jurisdiction to interfere in the matter given the preliminary objection regarding maintainability based on a precedent and the fact that the election has already been concluded.
Colour shows how this judgement treated each authority
Gauri Shankar Upadhyay
The State of Bihar through the Additional Chief Secretary, Cooperative Department, Government of Bihar, Patna
The State Election Authority, Harding Road, Bihar, Patna through the Chief Election Officer
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
