Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Yamuna Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Home
Patna HC
2025
Yamuna Chaudhary Vs The State of BiharYamuna Chaudhary v. The State of Bihar

Dismissed¶31

Yamuna Chaudhary v. The State of Bihar

Patna HC10 Feb 2025CWJC/4038/2023

Case brief

AI extract

What is this about?

Co-operative society election challenge dismissed for non-removal of defect; Patna High Court; CWJC/Civil Writ Jurisdiction Case No.4038 of 2023; Yamuna Chaudhary v. State of Bihar; Mantri of Matasyajeevi Sahyog Samitte; election dated 04.11.2022; recovery of state revenue Rs. 6,63,330/- referred to District Certificate Officer, Rohtas; letter no. 545 dated 30.09.2021; concealment of material facts in affidavited nomination form; rule-23 Bihar Co-operative Society Rules, 1959; peremptory order; default dismissal; defect removal; file consigned; Rajiv Roy, J.; decided 10-02-2025.

What did the court decide?

The writ application stands dismissed: the two weeks' time granted on 09.09.2024 to remove the defect was not availed of, and the direction being peremptory, the case stood dismissed on 23.09.2024; the file has been perused and consigned. No adjudication was made on the merits of the reliefs sought.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Official respondents should be directed to recall the order declaring the private respondent successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte after the election held on 04.11.2022, despite the initiation of proceedings for recovery of state revenue of Rs. 6,63,330/- referred to the District Certificate Officer, Rohtas at Sasaram by respondent no.2 (letter no. 545 dated 30.09.2021). +1 more

Ratio / Principle

The writ application stands dismissed: the two weeks' time granted on 09.09.2024 to remove the defect was not availed of, and the direction being peremptory, the case stood dismissed on 23.09.2024; the file has been perused and consigned. No adjudication was made on the merits of the reliefs sought.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Civil Writ Jurisdiction Case No.4038 of 2023, Yamuna Chaudhary v. The State of Bihar and others, decided 10.02.2025: Writ application seeking (i) a direction to the Official respondents to recall the order declaring the private respondent successful for the post of Mantri of Matasyajeevi Sahyog Samitte after the election of 04.11.2022 despite a pending proceeding for recovery of state revenue of Rs. 6,63,330/- referred to the District Certificate Officer, Rohtas at Sasaram (letter no. 545 dated 30.09.2021), and (ii) cancellation of respondent no.9's candidature for alleged violation of rule-23 of the Bihar Co-operative Society Rules, 1959 on account of concealment of material facts in his affidavited nomination form. The Court had granted two weeks' time on 09.09.2024 to remove the defect; the defect not being removed, the case stood dismissed on 23.09.2024 as a peremptory order. By the oral order of 10.02.2025 the Court perused the file and consigned it. No ruling on merits.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4038 of 2023

======================================================

Yamuna Chaudhary S/o Late Agnu Chaudhary, R/o Ward No. 27, MohallaLaskariganj Bandh, P.O. and P.S. Sasaram (T), Distt Rohtas (Bihar)- 821115.

... ... Petitioner/s

Versus

The State of Bihar Bihar

Bihar State Election Authority, Patna, Harding Road, Patna- 800001.

District Collector, Rohtas at Sasaram.

The District Fishery Officer cum Chief Executive Officer, Rohtas at Sasaram.

District Co-operative Officer, Rohtas at Sasaram.

DCLR cum Observer, Kaimur at Bhabhua.

Block Extension Officer, Sasaram.

Block Development Officer cum Election Officer, Sasaram.

Shri Sanjeev Mohan, S/o Shri Birendra Singh, R/o Village- Barahibag, P.O. Karwandia, P.S. Sasaram (M), Distt. Rohtas (Bihar)- 821305.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Krishna Mohan Murari, Adv. For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 ) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

3 10-02-2025

Heard the parties.

The present application has been preferred for the

following relief(s):

(i) For issuance of direction to the Official respondents to recall the order by which, the private respondent no.7 has been declared successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte, after holding the election on 04.11.2022, despite well known of the fact that the initiation of the

Patna High Court CWJC No.4038 of 2023(3) dt.10-02-2025 2/2

proceeding for recovery of state revenue amounting to rs. 6,63,330/- (Rs. Six Lacs Sixty three thousand and three hundred thirty) has already been referred to District Certificate Officer, Rohtas at Sasaram by the respondent no.2, as would evident from the letter no. 545 dated 30.09.2021 issued by the respondent no.2.

(ii) For issuance of direction to the Official respondents to cancel the candidature of the respondent no.9, prior to election to be held on 04.11.2022 as was/is in complete violation of rule-23 of Bihar Co-operative Society Rules, 1959, on account of concealment of material facts in affidavited nomination form filed by him.

On 09.09.2024, two weeks’ time was granted to remove

the defect.

As the same was not removed and it being a peremptory order, the case stands dismissed on 23.09.2024.

Perused the file, consigned.

(Rajiv Roy, J)

Vijay Singh/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Official respondents should be directed to recall the order declaring the private respondent successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte after the election held on 04.11.2022, despite the initiation of proceedings for recovery of state revenue of Rs. 6,63,330/- referred to the District Certificate Officer, Rohtas at Sasaram by respondent no.2 (letter no. 545 dated 30.09.2021).¶27
2.
Whether the candidature of respondent no.9 should be cancelled prior to the election held on 04.11.2022 for complete violation of rule-23 of the Bihar Co-operative Society Rules, 1959 on account of concealment of material facts in his affidavited nomination form.¶28

Statutes considered

1 provisions across 1 enactments

AI extract

Bihar Co-operative Society Rules, 1959Rule 23¶28

Procedural history

How this case reached the court

AI extract

Order under challenge
Order by which the private respondent was declared successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte after the election held on 04.11.2022, which the petitioner sought to be recalled; the relief prayer refers to this respondent as 'respondent no.7', though respondent no.9 (Shri Sanjeev Mohan) is the only private respondent in the cause title.¶25
Prior proceeding
On 09.09.2024 the Court granted two weeks' time to remove the defect.¶29
Prior proceeding
The defect was not removed and, the order being peremptory, the case stood dismissed on 23.09.2024.¶31
Prior proceeding
File perused and consigned (oral order dated 10.02.2025).¶32

Parties & counsel

AI extract

petitioner
Yamuna Chaudhary S/o Late Agnu Chaudhary, R/o Ward No. 27, MohallaLaskariganj Bandh, P.O. and P.S. Sasaram (T), Distt Rohtas (Bihar)- 821115.¶3
Krishna Mohan Murari
respondent
The State of Bihar¶6
Sajid Salim Khan
respondent
Bihar State Election Authority, Patna, Harding Road, Patna- 800001.¶7
respondent
District Collector, Rohtas at Sasaram¶8
respondent
The District Fishery Officer cum Chief Executive Officer, Rohtas at Sasaram¶9
respondent
District Co-operative Officer, Rohtas at Sasaram¶10
respondent
DCLR cum Observer, Kaimur at Bhabhua¶11
respondent
Block Extension Officer, Sasaram¶12
respondent
Block Development Officer cum Election Officer, Sasaram¶13
respondent
Shri Sanjeev Mohan, S/o Shri Birendra Singh, R/o Village- Barahibag, P.O. Karwandia, P.S. Sasaram (M), Distt. Rohtas (Bihar)- 821305.¶14

Coram

AI extract

Rajiv Royauthor¶19

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Feb 2025 · February
Registered: 20 Mar 2023
Case no.: CWJC/4038/2023
CNR: BRHC010110182023
Bench: Rajiv Roy
Disposal: CONSIGNED
Case type: Civil Writ Jurisdiction Case

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Rajiv Roy

Vikash Kumar Roushan Vs the State of Bihar
7 Feb 2025
Md. Manzoor Alam Vs The State of Bihar
7 Feb 2025
Pintu Singh Vs The State of Bihar
7 Feb 2025
Aman Sharma @ Aman Akash Sharma Vs The State of Bihar
10 Feb 2025
Randheer Kumar, Vs The State of Bihar
10 Feb 2025
Manoj Kumar Upadhayay Vs The State of Bihar
10 Feb 2025

Cite this judgement

Yamuna Chaudhary v. The State of Bihar, CWJC/4038/2023 (PAT), decided on 10 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bihar Co-operative Society Rules, 1959Rule 23

View all statutes

Procedural history4

Order by which the private respondent was declared successful candidate for the post of Mantri of Matasyajeevi Sahyog Samitte after the election held on 04.11.2022, which the petitioner sought to be recalled; the relief prayer refers to this respondent as 'respondent no.7', though respondent no.9 (Shri Sanjeev Mohan) is the only private respondent in the cause title.
On 09.09.2024 the Court granted two weeks' time to remove the defect.
The defect was not removed and, the order being peremptory, the case stood dismissed on 23.09.2024.

View full history

Bench / Coram

Rajiv Roy

Parties & counsel