PRATIMA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ishwari Kumar Singh, learned counsel appearing for the petitioner and Mr. Ashok Kumar Dubey, learned assistant counsel to Additional Advocate General-11. Despite valid service of notice, respondent no. 7 has neither appeared in person nor is being represented through counsel. So far as respondent no. 6 is concerned, though he has appeared through Mr. Raghunath Singh, learned counsel, on repeated calls, he has failed to appear.

(2.) The present writ petition has been filed by the petitioner for quashing the order dated 24.06.2015/07.07.2015 passed by the learned Joint Registrar, Co-operative Societies, Magadh Division, Gaya in Election Dispute Case No. 66/14-15 communicated to him under Memo No. 704 dated 07.07.2015 as contained in Annexure-3 to the writ petition whereby and whereunder the learned Joint Registrar, Co-operative Societies has set aside his election to the post of Chairman of Kotbara Primary Agriculture Cred it Society (for short 'PACS') in the district of Aurangabad on the ground of infirmities in the voter-list. The petitioner has also prayed for quashing the order dated 30.12.2015/13.01.2016 passed by the learned Joint Registrar, Cooperative Societies, Magadh Division, Gaya in Review Case No- 3 of 2015 as contained in Annexure-4 to the writ petition whereby and whereunder the review petition has been dismissed.

(3.) The case of the petitioner is that in the election of Kotbara PACS, which was held on 01.11.2014, he was elected as its Chairman. In the said election, three candidates had contested for the post of Chairman. Apart from the petitioner, the two other contesting candidates were respondent no. 7, Akshay Kumar Singh and one Archana Kumari. After declaration of the result on 02.11.2014, respondent no. 7 filed Election Dispute Case No. 66/14-15 on 29.01.2015 before the learned Joint Registrar Cooperative Societies, Magadh Division, Gaya challenging the election of the petitioner to the post of Chairman of the PACS on the ground that he was not a valid member of Kotbara PACS, since share money had not been deposited by him in the concerned Central Co-operative Bank and that name of 182 persons were illegally struck down from the voter-list by the Block Co-operative Extensive Officer. Though the Election Officer filed his showcause in the said dispute denying all the allegations made by the respondent no. 7 in respect of voter-list, the Joint Registrar vide impugned dated 24.06.2015/07.07.2015 set aside the election of petitioner to the post of Chairman mainly on the ground of infirmities in the voter-list. The review petition filed by the petitioner was also dismissed by him vide impugned order dated 13.01.2016.