disposed of with liberty to withdraw¶31

Bhola Prasad Yadav v. The State of Bihar

Patna HC15 Apr 2026CWJC/5008/2026

Case brief

AI extract

What is this about?

PACS election dispute; Karmedh West PACS, District Madhubani; recounting of votes; election petition as alternate remedy; Section 14A(6) Bihar Co-operative Societies Act 1935; withdrawal of writ petition; expeditious disposal within four months; Bihar State Election Authority; Bhola Prasad Yadav v. State of Bihar; Partha Sarthy, J.; CWJC 5008 of 2026.

What did the court decide?

Liberty to the petitioner to withdraw the writ application and pursue the remedy available in law; direction that any application filed as prescribed under law be decided expeditiously, preferably within four months from the date of its filing. ¶31

Bhola Prasad Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5008 of 2026

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Bhola Prasad Yadav, Son of Late Ram Prasad Yadav, Resident of VillageBelha Malin, Police Station- Lalmatia, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Co-operative Department, Government of Bihar, Patna.

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The Registrar, Co-operative Societies, Government of Bihar, Patna.

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The Chief Election Officer, Bihar State Election Authority, 32, Harding Road, Patna.

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The District Magistrate-cum-District Election Officer, Madhubani.

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The Deputy Development Officer-cum-Nodel Officer, Madhubani.

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The Marketing Officer, Supply-cum-Returning Officer, Madhubani.

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The Election Officer-cum-Block Development Officer, Khutauna, Madhubani.

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Ram Kumar Yadav, Son of Late Jageshwar Yadav, Resident of VillageBelha Malin, Police Station- Lalmatia, District- Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the State : Government Pleader-11 For the Resp. No.3 : Mr. M. K. Thakur, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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2 15-04-2026 Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The petitioner has filed the instant application for

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the following reliefs :-

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“(i) For issuance of the writ in the

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Patna High Court CWJC No.5008 of 2026(2) dt.15-04-2026 2/3

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nature of Mandamus commanding the Respondents to conceals the election of Respondent who has been elected as the PACS Chairman of Karmedh West PACS, DistrictMadhubani in illegal manner.

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(ii) For commanding the Respondents to conduct recounting of the PACS election of Karmedh PACS in presence of higher authorities which was held on 06.02.2026.

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(iii) For commanding the Respondents to elect PACS Chairman after recounting, who got more valid votes.

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(iv) For any other appropriate writ, order, direction save and except in accordance with law.”

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At the outset, learned counsel for the Bihar State Election Authority (respondent no.3) submits that the election in question being over, the petitioner has an alternate and efficacious remedy of filing an election petition under section 14A(6) of the Bihar Co-operative Societies Act, 1935.

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After some argument, learned counsel for the petitioner seeks permission to withdraw this application to pursue the remedy available in law.

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In case the application is filed as prescribed under law, the same shall be decided expeditiously, preferably within a period of four months from the date of its filing.

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