VIJAY KRISHNA PRASAD NISHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the Petitioner, Counsel for the interveners and the Counsel appearing on behalf of the State.

(2.) This writ application has been filed challenging the order contained in Annexure-1 passed by the Joint Registrar, Co-operative Societies, Darbhanga. By the impugned order, the election petition has been set aside on three grounds, namely, that one of the members of the society had been removed; that the Petitioner society was a defaulter and thirdly, because the process of counting after election took place on the next date.

(3.) The submission made on behalf of the Petitioner is that the finding that one of the members had been removed or that the Petitioner society was a defaulter is beyond the record. There is nothing to substantiate these two findings of the Joint Registrar. In order to support his case, the Petitioner has referred to Annexure-5 which deals with the objection raised before the Election Officer that the Petitioner society was a defaulter. The Election Officer has found that in fact the Petitioner society was not a defaulter society. The claim that the procedure for holding the election was not correctly followed, inasmuch, as the counting took place on the next day which is contrary to the rules, is non est in view of the submission of the Petitioner that ample precaution was taken for postponing the counting to the next day, as the ballot boxes were sealed and kept in a safe place. It is said that due to the fact that it had become dark, there was no arrangement of generator, counting could not take place on the same day.