SHILA NATH SINGH Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. S.B.K. Manglam, learned counsel appearing on behalf of the petitioner, learned counsel for the State and Mr. Sanjeev Kumar Mishra, learned counsel appearing for the respondent No. 7 who was the election petitioner before the Joint Registrar, Cooperative Society in the election case. Though served but the respondent No. 8 who was the third contestant to the post of Chairman has not chosen to appear.

(2.) THE petitioner has prayed for a writ in the nature of certiorari for quashing the order dated 04.6.2015 passed by the Joint Registrar, Co -operative Societies, Saran Division, Chapra in Election Petition No. 15 of 2014 whereby the entire election held to constitute the Managing Committee of the Primary Agriculture Credit Cooperative Society, Mohammadpur (hereinafter referred to as 'the Society') in the district of Saran together with the election of the Chairman has been set aside and directions have been issued for fresh election. Facts of the case briefly stated is that the petitioner along with respondent Nos. 7 and 8 contested the election to the post of Chairman of 'the Society' in question. The election was held on 26.10.2014 and the counting was carried out on 27.10.2014 when the petitioner secured 518 valid votes, the respondent No. 7 obtained 517 votes and the third candidate i.e. the respondent No. 8 secured only 26 votes. The results were declared and certificate issued in favour of the petitioner. An objection was raised by the private respondent No. 7 seeking a recounting. An application to that effect is placed at Annexure -3 to the writ petition. Guidelines were sought for from the State Election Authority when directions were issued for recount and in the recount the respondent No. 7 secured 498 votes while the petitioner secured 497 votes and the respondent No. 8 got 18 votes. Since the result had altered in the recount that again the matter went before the State Election Authority as to the declaration to be made when it was opined that the parties may move in an election dispute. Since in the recount the respondent No. 7 had secured higher vote that he filed the election dispute giving rise to Election Dispute Case No. 15 of 2014 praying for the following reliefs:

(3.) IT is manifest that the respondent No. 7 while questioning the certificate of election issued in favour of the petitioner had sought a declaration in his favour and in the alternative prayed for a recount. The election case was contested by the petitioner and the Joint Registrar, Co -operative Society vide the impugned order passed on 04.6.2015 while finding infirmity in the original count also opined that the recount was also against the statutory provisions and in this background declared the entire election held to constitute the Managing Committee of 'the Society' itself null and void. The petitioner being aggrieved is before this Court.