KRISHNA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State along with learned counsel for the State Election Authority, Mr. Mukesh Kumar Thakur.

(2.) The learned counsel for the petitioners submits that an Election Petition (Annexure-1 to the writ application) bearing No. 10 of 2009 was filed before the Respondent No. 3 by the Respondent Nos. 5 and 6 challenging the election dtd. 13/6/2009 held for constituting the Managing Committee of Arpana Sahkari Gram Nirman Samiti Ltd., (hereinafter referred to as the -Society-) in the Election Petition, it was alleged that the election had taken place based on fake and forged voter list as 37 persons named in the voter list from Serial No. 152 to 188 were not voters of the Society.

(3.) It is next submitted that the membership of the petitioners and 34 others was questioned on the ground that the Managing Committee of the Society had not approved their names. It is further submitted that O.P. No. 3 of the Election Petition, a returned candidate for the post of Secretary had replied the contents of the Election Petition, stating that there were 151 members of the Society as on 31/3/2004 and 37 members were enrolled in between 2005 to 2006, of these 37 persons, 12 are having plots/flats in the Society which is not disputed or opposed by any person, as such, there was no controversy that O.P. No. 3, who had issued receipt of membership to the petitioners and 34 others, was not the Secretary of the Society on the basis of elections held on 22/12/2004.