JUDGEMENT 1. The grievance of the petitioners is in relation to the voters list as prepared for the purposes of election as members to various PACS that is Primary Agriculture Credit Society in the district of West Champaran. The grievance of the petitioners is that these Societies sent their voters list in the process of being sent finally for printing and publication. It was unauthorisedly interfered by the Block Development Officer who is the Election Officer. From the counter affidavit and the rejoinder thereto, it is evident that even the Collector-cum-District Magistrate, who is the District Election Officer, is of the opinion that the Election Officer-cum- Block Development Officer, Bagaha-2 has wrongly interfered with the electoral rolls and has wrongly instituted first information report in relation thereto as against the printers. The petitioners want that the voters list be prepared in accordance with law after getting over with all these controversies as the voters list, as obtaining today, lacks public confidence and/or authenticity which is apparent from various facts as pleaded both in the counter affidavit and rejoinder. 2. As pleadings are complete, with consent of learned counsel for the parties, this writ application is being disposed of at this stage itself. 3. One thing is clear that all parties agree that voters list is not ultimately representing the true state of affairs. One set blames the printer, the other set blames the Block Development Officer. The District Election Office blames everybody. The net result is that the authenticity of the voters list is under cloud. To permit an election on basis of such a voters list would be farce. One set blames the printer, the other set blames the Block Development Officer. The District Election Office blames everybody. The net result is that the authenticity of the voters list is under cloud. To permit an election on basis of such a voters list would be farce. In relation to preparation of voters list, the relevant provisions are contained in Bihar Co-operative Societies Rules, 1959 as amended upto date and they are Rules 21-I and 21-Y as recently inserted and quoted hereunder:- "21-I. (1) Before the close of Co-operative Year the conducting officer concerned shall prepare or cause to be prepared a list of societies in which election shall be due in the immediate succeeding Co-operative Year." (2) The concerned society shall submit under its seal and certificate a voter list as on the last day of preceding Co-operative year in triplicate in Form XXIII to the Election Officer on or before 30th April: Provided that if the society is an affiliating society the voters list of the society shall be submitted under its seal and certificate as on the last day of the preceding Co-operative year in triplicate in Form XXIII and Form XXIV to the Election Officer on or before 30th April. (3) If the society fails to prepare and send the [voters list] within the time specified, the Election Officer may himself or through a person authorised by him on this behalf prepare the list." "21-Y. Election by the Election Authority.- (a) The election to the Managing Committee and office bearers of notified societies shall be held under the superintendence, direction and control of the Election Authority, which shall include the following:- (i) Preparation of voter list, (ii) Appointment of Election Officers, (iii) Notification of place of voting and counting. (b) Notwithstanding anything contrary in these rules or bye-laws of any notified society, the Election Authority (i) shall get the voter list prepared and decide the cut-off date for the preparation of such voter list, which shall not be more than 120 days prior to the date of election. (ii) shall determine the programme for such elections including venue, date and time for various stages of the election process including counting. (iii) shall appoint the Election Officer or authorise any other officer not below the rank of Sub-Divisional Magistrate for appointment of Election Officers." 4. (ii) shall determine the programme for such elections including venue, date and time for various stages of the election process including counting. (iii) shall appoint the Election Officer or authorise any other officer not below the rank of Sub-Divisional Magistrate for appointment of Election Officers." 4. From the conjoint reading of the two Rules, it would be seen that primary obligation for preparation of voters list is on the respective Co-operative Societies who have to submit the same under their seal and signature through their Secretary. It is only when such a voters list is not made available that the State Election Authority gets the jurisdiction in terms of Rule 21-Y to take steps for preparation of the voters list. There is no jurisdiction conferred on the Election Officer-cum- Block Development Officer to prepare a list by himself or interfere with a list by himself nor is any independent authority conferred on the District Election Officer to prepare a voters list on his own. Thus, it is apparent and clear that the manner in which the voters list for the PACS in question were prepared was not in accordance with law. As noted above, it lacks authenticity and public confidence. Thus, in my view, a voters list prepared not in accordance with law which even otherwise lacks authenticity, cannot be permitted to be used. 5. I, therefore, direct that the Secretary of the respective PACS would under their seal and signature submit a true and correct voters list to the District Election Officer who would publish the same as draft voters list giving a minimum of one weeks time to the electorates to file their objection as against wrongful inclusion and wrongful exclusion of voters. After consideration thereof, the final voters list would be prepared and published within one week thereafter. The State Election Authority would notify the election programme accordingly taking into account the two dates aforesaid for elections of members of the PACS accordingly. This would make the voters list consistent with the provisions of Rule 21-I and give due authority to the State Election Authority in terms of Rule 21Y both of which have to operate simultaneously. 6. With these observations and directions, the writ petition stands disposed of.