SHAILENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State of Bihar and its officials i.e. respondents no. 4, 5 and 6 and also learned counsel for the Union of India. The writ petition preferred by the appellants bearing CWJC No. 12691 of 2012 has been disposed of by a short order whereby Joint Registrar, respondent no. 6, has been directed to ensure publication of notice regarding election of Bihar State Industrial Cooperative Federation Limited in the Patna edition of newspaper-'Aaj'. To enable the completion of such exercise, the election fixed for 7.9.2012 was extended by 15 days. As per revised notice in Patna edition of 'Aaj', the election is scheduled for 22nd September, 2012.

(2.) A serious grievance has been raised on behalf of the appellants that the members of the Federation, who are to be voters for the said election, were given no opportunity to peruse the voters list and file objection with respect to the same. According to appellants, the claim of the other side that such opportunity was granted by publication of notice alongwith list of voters in the Hindi daily 'Aaj' dated 22nd July, 2012 is based upon fraud inasmuch as according to appellants, no such notice was published at page 5 of the issue dated 22nd July, 2012 of Hindi daily 'Aaj'. In support of said plea a copy of complete issue dated 22nd July, 2012 was produced before us. This claim has been supported by referring to averments in the supplementary affidavit (LA. No. 5598 of 2012) filed in the writ proceeding. According to averments in the said LA., Annexure-5 is a photocopy of Daily newspaper of 'Aaj' dated 22nd July, 2012, which is alleged to be forged. The grievance of the appellants is that the Writ Court failed to take note of and discuss the averments and materials in LA. No. 5598 of 2012.

(3.) Learned counsel for the State submits on instructions of Mr. Pratyush Kiran, Manager of the Federation that Mr. Kiran had got concerned notice published in the issue of Hindi daily 'Aaj' dated 22nd July, 2012. In support of the same a copy of the complete issue of 'Aaj' of that date has been produced before us.