UMESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner -appellant who is a member of Ghiraiyan Fishermen Co -operative Society, has filed this Letters Patent Appeal being aggrieved by order dated 28.10.2003 in C.W.J.C. No. 10637 of 2003, by which the writ court, in view of the fact that as the petitioner -appellant has not availed remedy under section 48 of the Bihar Co -operative Societies Act, did not grant him any relief under Article 226 of the Constitution of India.

(2.) THE short facts of the present case is that the programme for election to the aforesaid Co - operative Society was issued by the Assistant Registrar -cum -Conducting Officer on 25.6.2003.

(3.) THE writ court, in view of the fact that the election programme had already been issued and election had been conducted in view of the said programme and a remedy was available to the petitioner - appellant to challenge the same under section 48 of the Bihar Co -operative Societies Act and the petitioner -appellant had chosen not to challenge the same, did not grant any relief to the petitioner -appellant.