PRAMILA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Santosh Kumar Singh, learned counsel appearing on behalf of the petitioner, counsel for the State and Mr. Purushottam Jha, learned counsel appearing on behalf of the respondent Nos. 10 and 11 i.e. the Managing Director and Branch Manager of the Patliputra Central Cooperative Bank. The petitioner is aggrieved by the rejection of his nomination by respondent No. 7 i.e. the Returning Officer-cum-Block Development Officer, Punpun, District-Patna filed for contesting the election to the post of Chairman, Paimar Primary Agricultural Credit Cooperative Society, Punpun, District-Patna vide order dated 22.9.2014 as contained in Annexure-1 to the writ petition.

(2.) A very short issue has been raised by Mr. Singh to contest the order impugned. It is submitted by Mr. Singh that on a mere recommendation made by the Branch Manager, Patliputra Central Cooperative 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.