NAVENDRA JHA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Though several prayers have been made in the present writ petition, the petitioner has confined his prayer in respect of rejection of his nomination for the post of Chairman of Rohika Central Co-operative Bank Limited, Madhubani on the ground of disqualification due to pendency of a surcharge proceeding under Section 40 of the Bihar Co-operative Societies Act, 1935 (for short "Act, 1935".) against the petitioner.

(2.) Mr. Y.V. Giri, Learned Senior Advocate appearing for the petitioner submitted that the petitioner filed his nomination for the post of Chairman of Rohika Central Co-operative Bank Limited, Madhubani on the scheduled date of filing nomination on 08.01.2018, which has been illegally rejected by the Returning Officer-cum-S.D.O., Madhubani vide his order dated 09th/10th January, 2018. He submitted that the election is scheduled to be held on 18.01.2018 and by an illegal order the petitioner has been deprived of his statutory right to contest the election.

(3.) Mr. Giri, learned Senior Advocate, submitted that the very initiation of the surcharge proceeding against the petitioner by the Registrar, Co-operative Societies vide his order dated 20th/23rd June, 2017 without hearing the petitioner under Section 40 of the Act, 1935 is bad in law. He further submitted that the nomination of the petitioner has been rejected by the Returning Officer without appreciating the fact that by order dated 04.01.2018 the learned Minister, Co-operative Societies had stayed the order dated 04.01.2018 passed by the Registrar in Appeal No. 07 of 2017.