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2022 DIGILAW 1336 (JHR)

Bipeen Kumar Singh v. State of Jharkhand

2022-12-02

RAJESH SHANKAR

body2022
ORDER : 1. Office is directed to correct the designation of the respondent no. 3 as “The Conducting Officer-cum-Assistant Registrar, Cooperative Societies, Giridih” in the cause title of the writ petition. 2. At the request of learned counsel for the petitioner, the defects, as pointed out by the office, are ignored. 3. The present writ petition has been filed for quashing amended election programme issued under the signature of the respondent no. 3 on 17.10.2022 (Annexure-7 to the writ petition) whereby the earlier election programme issued for conducting the election of Jaruadih Primary Agriculture Credit Cooperative Society (PACCS), Block-Bengabad, District-Giridih has been cancelled on objection raised by some members/representatives of the said PACCS with respect to irregularities allegedly committed in preparing the membership/voter list and new dates for conducting the election of said PACCS have been announced. 4. Learned counsel for the petitioner submits that there are still several irregularities in the membership/voter list of Jaruadih PACCS as the names of few members have been mentioned twice in the said list as well as the names of more than one member of the same family have been included in the list contrary to clause-5 of the bye-laws of the said PACCS. The petitioner has been compelled to prefer the present writ petition primarily for the reason that though during membership drive of the said PACCS, the petitioner intending to be a member of the same, deposited the membership fee on 06.07.2022, yet his name has not been included in the final list of the members due to which he is deprived of participating in the election. There are altogether 285 such persons who have deposited the required membership fee on 06.07.2022 and on subsequent dates, but their names have not been included in the membership list. Aggrieved with the said situation, the petitioner kept on representing various authorities. The last such representation was preferred by the petitioner and others before the respondent no. 3 on 17.10.2022, however without taking any decision on the petitioner’s representation or rectifying the aforesaid irregularities occurring while finalisation of the membership/voter list, the impugned amended election programme was issued by the respondent no. 3 on the same date i.e. 17.10.2022. 5. Mr. Rajesh Kumar Jha, learned AC to Sr. SC-II appearing on behalf of the respondents, submits that the petitioner’s intention is only to get the election of Jaruadih PACCS jeopardized. 3 on the same date i.e. 17.10.2022. 5. Mr. Rajesh Kumar Jha, learned AC to Sr. SC-II appearing on behalf of the respondents, submits that the petitioner’s intention is only to get the election of Jaruadih PACCS jeopardized. Since the amended election programme has already been published according to which the election is to be held tomorrow i.e. 03.12.2022, the present writ petition is not worth consideration. 6. Heard learned counsel for the parties and perused the content of the writ petition. 7. Though the petitioner has agitated that there are about 285 such persons whose names have not been included in membership list despite depositing fee for the said purpose, yet this Court is primarily concerned with the petitioner’s individual grievance that despite de-posting the membership fee on 06.07.2022, a copy of which has been annexed as Annexure-2 to the present writ petition, his name has not been included in the membership list. 8. The petitioner has also contended in the writ petition that there are few cases where the names of more than one member of the same family have been included in membership list of Jaruadih PACCS in contravention of the provisions as contained in clause-5 of bye-laws of the said PACCS and names of same members have been mentioned twice in the list. 9. Since the aforesaid contention is factual in nature, this Court is not inclined to enter into the same. However, it certainly appears that a fee-receipt for membership of Jaruadih PACCS was issued to the petitioner on 06.07.2022. Therefore, this Court is of the view that his name should have been included in the membership list if he was otherwise eligible as per the bye-laws. 10. Under the said circumstance, the concerned respondents are directed to postpone the date of election till 14.12.2022 during which the petitioner’s claim regarding inclusion of his name in the membership list of Jaruadih PACCS, will be considered by the respondent no. 3. The said respondents will also rectify other infirmities in the existing list of membership of the said PACCS within the aforesaid period and will ensure that it should be in conformity with the provisions of the bye-laws. The new date for holding election of Jaruadih PACCS is fixed as 17.12.2022. 11. The writ petition is accordingly disposed of with aforesaid observation and direction. 12. Learned AC to Sr. The new date for holding election of Jaruadih PACCS is fixed as 17.12.2022. 11. The writ petition is accordingly disposed of with aforesaid observation and direction. 12. Learned AC to Sr. SC-II appearing on behalf of the respondents shall immediately inform the concerned respondents regarding the present order.