AWADHESH KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ishwari Singh, learned counsel for the petitioner, Mr. Mukesh Thakur, learned counsel for the Election Authority, Mr. Purushottam Jha, learned counsel for the Branch Manager and Mr. Pratik Kumar Sinha for the Managing Director of the Bank. A very short issue has been raised by Mr. Singh to contest the order passed by the Returning Officer-cum-Block Development Officer dated 22.9.2014 whereby his nomination for contesting the election for the post of Chairman of Lakhnapurvi, Primary Agriculture Credit Co-operative Society has been rejected.

(2.) It is submitted by Mr. Singh that on a mere recommendation made by the Branch Manager, Patliputra Central Co-operative Bank Ltd., Punpun Branch regarding certain loan obtained by the society of which the petitioner happens to be the Chairman in respect of purchase of wheat, that it was recommended that he be disqualified from contesting the election and the Returning Officer-cum-Block Development Officer has blindly followed the advice without applying his mind.

(3.) Appearing on behalf of the Branch Manager Mr. Purushottam Jha while admitting to the fact that the loan was obtained by the society for purchase of the wheat submits that since the petitioner had executed a bond for repayment of the loan, hence on non-payment thereof, the petitioner would become disqualified for contesting the election.