Rahue Prakhand Matasyajivi Sahyog Samiti Ltd. v. State of Bihar
2015-09-10
JYOTI SARAN
body2015
DigiLaw.ai
ORDER : Heard Mr. Umesh Kumar Verma learned counsel for the petitioners, learned counsel for the State and counsel for the State Election Authority and Mr. Mrigendra Kumar for the private respondents. 2. The writ petition is directed against the order dated 23.5.2013/30.5.2013 passed by the Joint Registrar, Co-operative Societies, Bihar, Patna in Election Case No.107 of 2012 whereby the election to the Rahue Prakhand Matasyajivi Sahayog Samiti in the district of Nalanda for constitution of the Managing Committee has been set aside. 3. Learned counsel for the contesting parties are in agreement that the challenge to the election was based upon irregular voter list. It is also not in dispute that two of the election petitioners had contested the election on the same voter list but were unsuccessful. In so far as election petitioner namely Bindeshwari Khewat is concerned he was not even a voter nor a member of the society. 4. In the aforementioned circumstances which is not contested, in my opinion whereas the respondent Nos. 8 and 9 having contested the election could not have challenged the election to the managing committee on the grounds of infirmity in the voter list, in so far as the third applicant i.e. respondent No.10 is concerned, since his membership itself was in contest in absence of his name from the voter list he can not be a person aggrieved. 5. For the reasons aforementioned, I am unable to uphold the order impugned in the writ petition which is accordingly set aside. The writ petition is allowed. 6. Since the petitioners by virtue of the interim order are restored to their respective post, the interim order stands confirmed. The writ petition is allowed.