VISHWANATH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The subject matter of challenge in this case is the legality of the election held in respect of the Managing Committee of Manigachhi Prakhand Matasyajivi Sahyog Samiti, Manigachbi (hereinafter referred to as the said Samiti).

(2.) It is common ground that the said 'Samiti is a Primary Co-operative Society. The order dated 24th October, 1994 (Annexure-5) passed by the Block Development Officer-cum-Election Officer Manigachhi Block, Manigachhi, Darbhanga (respondent No. 3) has been impugned in this writ petition. The allegation is that even though the said Officer was appointed as the Election Officer for the purpose of holding election of the said Samiti, he has delegated his authority in favour of Block Co-operative Extension Officer, Manigachhi Block, Manigachhi (respondent No. 5). who has allegedly accepted, scrutinised and rejected the nomination paper. However, Annexure-5 which is impugned in this writ petition does not show that. The said annexure shows that it has been done by respondent No. 3 i. e. the Block Development Officer-cum-Election Officer, Manigachhi. However, from Annexure-8 it appears that as a result of the visit of the Chief Minister, the law and order situation had to be looked after by respondent No. 3 and for that reason respondent No. 5, the Block Co-operative Extension Officer, Manigachhi Block, was allowed to help the respondent No. 3 in the acceptance of the nomination paper.

(3.) In view of the aforesaid position, as reflected from Annexure-8, learned counsel for the petitioner states that the entire election process has become void and should be set aside by this Court.