NARENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications are raising a common question for consideration hence, with the consent of the parties, the writ applications were heard together and are being disposed of by this common judgment.

(2.) The petitioners are the Chairman and other Members of the Managing Committee of different Primary Agricultural Credit Co-operative Societies (hereinafter referred to as the 'PACS'). They are seeking to challenge Memo No. 696 dated 16.07.2018 issued under the signature of the Chief Election Officer, Bihar State Election Authority (hereinafter referred to as the 'Election Authority') and are also looking for quashing of the consequential order dated 15.01.2019 as contained in Memo No. 131 and the order as contained in Memo No. 838 dated 11.06.2019 issued under the signature of the Joint Secretary of the Election Authority. By the impugned Memos as contained in Annexure '1' series the Chief Election Officer of the Election Authority directed the Co-operative Societies, Bihar, all the Divisional Joint Registrar, Co-operative Societies and the District Co-operative Officers to obtain the Election Fee and all other documents from the Co-operative Societies. Paragraph '2' of the Memo No. 696 dated 16.07.2018 clearly states that for purpose of election expenses the Election Authority be made available a sum of Rs. 5000/- through a Bank Draft along with the bylaws of the Co-operative Societies in the prescribed format.

(3.) By Memo No. 131 dated 15.01.2019, the Joint Secretary of the Election Authority has communicated to all the Co-operative Societies, Managing Director, COMFED, all the Divisional Joint Registrar, Co-operative Societies and all the District Co-operative Officers and Block Development officercum-Election Officer (Co-operative Societies) that on account of Election Fee a sum of Rs. 5,000/- should be made available, this is said to have been directed in the light of the directions and provisions of the Act. By yet another Memo No. 838 dated 11.06.2019, the Joint Secretary of the Election Authority has communicated to all the District Co-operative Officers, Bihar to ensure payment of Rs. 5,000/- per Polling Booth from the concerned Societies.