SHASHIKANT MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a direction to the respondent authority for adding the name of 227 persons, who filled up forms for membership of Parbatta Block Fisheries Co-operative Society and further to allow them to participate in the election process.

(2.) At the outset, a preliminary objection has been raised by the learned counsel appearing for the Bihar State Election Authority. He submitted that the election of Parbatta Block Fisheries Co- operative Society has already been notified and it is scheduled to be held on 23rd March, 2018 and, in that view of the matter, the writ petition would not be maintainable. In support of his submission, he has placed reliance on the decisions of the Supreme Court in Sri Sant Sadguru Janardan Swami Sahkari Dugdh Utpadak Sanstha Vs. State of Maharashtra, (2001) 8 SCC 509 and Shaji K. Joseph Vs. V. Vishwanath & Ors, (2016) 2 PLJR 330. He has also submitted that so far as the issue of membership is concerned, the petitioner has an alternative remedy before the Registrar, Cooperative Society under Section 48 of the Bihar Co-operative Societies Act, 1935.

(3.) In reply to the objection raised by the learned counsel for the Bihar State Election Authority, learned counsel for the petitioner submitted that by way of I.A. No. 1656 of 2018 filed in the present writ petition, the petitioner has prayed for stay of the operation of election schedule notified vide Memo No. 159 dated 20.02.2018.