PATNA HIGH COURT ISSUES JUDGEMENT ON UMESH KUMAR V/S THE STATE OF BIHAR AND OTHER

PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard learned counsel, Mr. S.B.K. Mangalam for the petitioner and Mr. Raja Ram Rai for private respondent no.14 and learned counsel for the State.

2. The petitioner in the present writ application has been prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 29.10.2024/20.11.2024 passed by the Respondent no.2 and contained in his memo no.9159 dated 22.11.2024 issued under the signature of the Respondent no.3, whereby and where under the Respondent no.2 has been pleased to direct for counting of votes of the election dated 13.12.2019 held for constitution of Managing Committee of the Respondent Society but without supplying any copy of report of the Respondent no.5 which is the only material consideration by the Respondent no.2 for arriving at impugned conclusion.

(II) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent no.5 to produce on record his report submitted to the Respondent no.2 vide his letter no.1695 dated 17.08.2024 and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that the aforesaid report was submitted by the Respondent no.5 without providing any opportunity of hearing on the basis of material available to him by the Respondent no.14, the impugned report is not a valid enquiry report and is, therefore, fit to be set side.

(III) For a declaration that if on consideration of all materials available with Respondent society regarding grant of membership to 392 applicants if the Administrator of Society District , Cooperative Officer and the Returning Officer -cum-Block Development Officer, Goraul had published the voter list of 1547 voters of the Respondent Society, further enquiry by the Respondent no.5 and his vague report contrary to the final voter list published on 16.02.2023 could not have been relied upon by the Respondent no.2 for the purposes of arriving at his impugned conclusion and directing for counting of votes polled on 13.12.2019 and declaration of result accordingly

(IV) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for holding a fresh election for constitution of Managing Committee of the Respondent Society on the basis of final voter list published under the joint signature of Administrator of Society, the District Cooperative Officer and the Block Development Officer-cum- Returning Officer Goraul and declare the result accordingly.

(V) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. This case has had a chequered past.

4. This writ petitioner had earlier come to this Court vide CWJC No.24786 of 2019. In the said writ application the petitioner had prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the proceedings of the Managing Committee of Pirapur Mathura Primary Agriculture Credit Cooperative Societies (hereinafter referred to as Pirapur Mathura PACCS) dated 29.01.2019 and the resolution passed thereat by which the Managing Committee of the Society in question was pleased to reject 392 on-line application, the hard copy whereof was made available to the society by the Respondent no. 4 vide his letter no. 555 dated 21.01.2019 on the ground that the decision for rejection of the on-line applications for membership is vague and not specific and, therefore, cannot be sustained in the eye of law. (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no. 6 to include the name of the applicants as a member of the society in question whose applications for membership were rejected by the Respondent no. 8 on 29.01.2019 but the copy of the rejection order was never served upon the applicants within 15 days of receipt of their application through the Respondent no. 4 in view of the provision contained under Rule-7(1) (e) of the Bihar Cooperative Societies Rules, 1959, the applicants became the members of the society in question. (III) For a declaration that since under the deeming clause of Rule-7 (1) (d) and (e) of the Bihar Cooperative Societies Rules, 1959, the applicants became the member of the society and their membership fee has already been deposited in the account of society by the the State Government, they deserve to the enlisted in the voter list of the society in question prepared for holding 2019 election for the constitution of the Managing Committee of the Society in question. (IV) For issuance of any other appropriate writ/writs, order/orders, direction /directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTg2NjMjMjAyNCMxI04=-Me83AR9Av6o=

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