SHIV BALLAM YADAV, SON OF SRI DEONANDAN YADAV @ RAM SWAROOP YADAV, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties and Mr. Amit Shrivastava, learned Amicus Curiae who has assisted the Court at its request.

(2.) The challenge in the present writ application is to the order dated 12.09.2015/15.12.2015 contained in Memo no.1083 dated 15.12.2015, passed by the Joint Registrar, Cooperative Societies, Magadh Division, Gaya acting as the Prescribed Authority under the Bihar State Election Authority Act, 2008 (hereinafter referred to as the 'Act'), in Election Case No.02/15-16, by which he has dismissed the case filed by the petitioner for setting aside the election of respondent no.8 as Chairman, Primary Agriculture Cooperative Society (PACS), Jagpura in the Gram Panchayat Jagpura in Block Makhdumpur in the district Jehanabad.

(3.) The petitioner and respondent no. 8 were both candidates for the election to the post of Chairman of the aforesaid PACS and having lost the election, the said case was filed before the Prescribed Authority by the petitioner challenging the election of the respondent no.8 on the ground that his nomination paper was improperly accepted. Such plea has been negated on the ground that the petitioner having participated in the election on the basis of the voters list and after having tried his luck on the said basis cannot challenge the election.