RAKESH PANDEY Vs. BIHAR STATE ELECTION AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner challenging order dated 30.8.2010 (Annexure-5) passed by the Registrar, Cooperative Societies, Bihar by which his Appeal No. 55 of 2010 was dismissed and order of the Joint Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur (Respondent No. 2) dated 18.2.2010 (Annexure-4) by which Election Case No. 12 of 2010 filed by Respondent No. 6 was allowed and for other ancillary reliefs.

(2.) The short fact of the case is that election for Rarhia Primary Agriculture Cooperative Societies within Areraj Block in the district of East Champaran was held on 16.10.2009 after completing all the formalities, whereafter the votes were counted and result was declared on 18.10.2009.

(3.) The objection raised by Respondent no.6 as well as the claim of the writ Petitioner and the materials produced by them were fully considered by both the authorities and they concurrently found that in the aforesaid election, the election authorities had not followed the specific provision with regard to such election and the objection raised by Respondent No. 6 regarding re-election was wrongly ignored, as no valid reason could be given for rejection of the same, although such matter of re-election was very serious in nature and should have been proceeded as per the specific provision. Both the authorities were concurrently satisfied that there was irregularity in counting of ballot papers due to which the dispute had arisen, which cannot be properly resolved without ordering for recounting.