PINKI KUMARI WIFE OF SRI SUBHASH KUMAR, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIATE, BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Amarnath Jha, learned counsel for the petitioner, counsel for the State and Mr. Mukesh Kumar for the State Election Authority.

(2.) The petitioner prays for a direction to the Returning Officer-cum-Block Development Officer, Gamhariya in the District of Madhepura permitting her to file her nomination to contest the election for the post of Chairman, Jibachhpur Primary Agriculture Credit Cooperative Society, Block-Gamhariya in the District of Madhepura.

(3.) Fact of the case briefly stated is that the Society in question got dissolved by virtue of majority of the elected members having resigned and thus the consequences flowing from Sec. 41(5) took its shape. A notification for fresh election bearing no. 686 dated 07.7.2015 was issued by the State Election Authority inviting nominations against the post and since the petitioner had questioned the dissolution on its validity before this Court in CWJC No. 11488 of 2015 that she did not choose to file her nomination. Ultimately the writ petition stood disposed of upholding the dissolution in view of the legal position settled by this Court vide judgment and order passed in batch of cases arising from CWJC No. 9491 of 2015.