LAXMI SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is seeking quashing of an order dtd. 13/3/2020 passed by the Deputy Registrar (Cane), Co-operative Societies, Bihar, Patna (Respondent No.4) in Election Dispute Case No. 173/2017, whereby his election petition for setting aside the election of Respondent No.8 to the post of Secretary, Harlakhi Prakhand Matasyajivi Sahyog Samiti Ltd. ("Society", in short), has been rejected.

(2.) The Society is a registered Society under the Bihar Co-operative Societies Act, 1935.

(3.) The petitioner had challenged election of Respondent No.8 to the said post mainly on the ground of him being a defaulting voter and, therefore, disqualified to file nomination. The petitioner had also contested the said election and had lost to Respondent No.8. The petitioner's election petition has been rejected mainly on the ground that the question as to whether the petitioner was a defaulter or not, could have been decided by the competent authority before the process of election had begun and such dispute could not be gone into in an election petition under Sec. 10 of the Bihar State Election Authority Act, 2008 ("the Act of 2008", in short), relying on a Single Bench decision of this Court rendered on 8/2/2016 in CWJC No.10137 of 2015 (Ram Dhyan Yadav vs. The State of Bihar and Ors.).