ASHUTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. K.N.Diwakar, learned counsel appearing on behalf of the petitioner, Mr. S.P.Parasar, learned Assisting Counsel to G.P.2 for the State and Mr. Ishwari Singh, learned counsel appearing on behalf of the respondent no.6. The writ petition has been filed challenging the order dated 21.6.2010 passed by the Deputy Registrar, Cooperative Societies, Patna Division, Patna in Election Dispute No.120 of 2009/08 of 2010, whereby the election of the petitioner to the post of Chairman, Korari PACS (Belchhi) has been set aside and the respondent no.6 has been declared elected.

(2.) THE matter in issue relates to election to the post of Chairman Korari PACS (Belchi). It is not in dispute that the election was conducted and the petitioner was declared elected. It is thereafter that the respondent no.6 raised a dispute by filing election petition complaining that in fact the petitioner was not eligible for contesting election as he was a defaulter in terms of Rule 23(1)(b) of the Bihar Cooperative Societies Rules, 1959 (hereinafter referred to as 'the Rules') framed under the Act. The election petition was referred to the Deputy Cooperative Registrar, Patna Division, Patna for conducting the election dispute and giving his findings thereon. The election authority by the impugned order dated 21.6.2010 as contained in Annexure-1, has upheld the objection raised by the respondent no.6 that the petitioner was a defaulter in terms of the Rules inasmuch as a loan obtained by him from the Patliputra Central Cooperative Bank (for short 'Bank') was only deposited on 21.8.2009 when the last date for clearing the outstanding loan was 20.8.2009. While holding the petitioner ineligible and disqualifying him from contesting election, the Election authority has gone ahead to declare the respondent no.6 elected unopposed.

(3.) TO that extent, no infirmity can be found in the order passed by the election authority i.e. the Deputy Registrar, Cooperative Societies, Patna Division, Patna in rejecting the candidature of the petitioner and holding him ineligible to contest the election on grounds of being a defaulter under the rules. The issue is whether the election authority after holding the petitioner ineligible to contest the election could have declared the respondent no.6 elected unopposed, while setting aside the election of the petitioner.