PREM KUMAR PANDEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the instant writ petition, the prayer of the petitioner is for quashing the letter dated 09.10.2017 issued under the signature of respondent no.5 whereby and whereunder the respondent no.5 has informed the State Election Authority (for short 'Authority') regarding alleged absence of quorum in the election of Managing Committee of Rampur Block Vyapar Mandal and has sought its direction. Another prayer of the petitioner is for directing the respondent no.5 to declare the petitioner elected uncontested as the Chairman of Rampur Block Vyapar Mandal Co-operative Society (for short 'Society') .

(3.) The contention of the petitioner is that after constitution of Society in 2010, the Authority declared the election for constitution of its Managing Committee in 2012 and for the purpose of election when the Returning Officer had published the voter list there were nine members only for the said Society. Therefore, the election was conducted from amongst nine members only and in that election the petitioner had successfully contested for the post of Chairman. Since the term of the office of the elected office bearer of the Society is five years, the election for the said Society became due in 2017. Accordingly, the Authority notified the schedule for holding election of Managing Committee of the Society. As per schedule, the date for filing of nomination was fixed on 07.10.2017, the date of scrutiny was fixed on 09.10.2017, the date of withdrawal was fixed on 10.10.2017 and the date of election was fixed on 17.10.2017. The petitioner filed his nomination for the post of Chairman. No other nomination was received by the Returning Officer. On scrutiny, nomination paper of the petitioner was found in order. Since the petitioner did not withdraw his candidature, he was the only candidate for the post of Chairman of the said Society. Since Rampur Block consists nine Gram Panchayats only, there are nine PACCS also in the said Block. The Returning Officer published list of the members/voters of the said Society in Form-IC on 21.06.2017. However, since the Chairman of three PACCS were defaulter of the Bank, in the final voter list name of only six members was published. The other five members of the Society had also filed their nomination to contest for the post of Member of the Managing Committee and their nomination papers were also found in order.