The main legal point established in the judgment is that the Bihar State Election Authority has the exclusive power to prepare the voter list and fix the cut-off date for enrollment of members/voters, as provided under the Bihar State Election Authority Act, 2008, and the Cooperative Societies Act.

Since the issues raised in the two writ petitions are the same hence at the request of the parties they have been heard analogous and are being disposed of at the stage of admission itself.

2. The two writ petitioners seek to question the power of the Bihar State Election Authority constituted under the Bihar State Election Authority Act, 2008 (hereinafter referred to as the ‘the Election Authority Act’) and the rules framed thereunder to fix the cut of date for enrollment of members/voters for the ensuing election of the Primary Agricultural Credit Societies to be held later this year.

3. Since the issues raised in the two writ petitions are the same hence I shall be referring to the pleadings and the annexures as occurring in C.W.J.C.No.10527 of 2014 unless clarified with specific reference to the other writ petition.

4. The petitioner in this writ petition is an association formed for the betterment of co-operative societies in the State. All types of cooperative societies in the State including the primary, central 3 and apex societies are stated to be its members. The petitioner initially prayed for quashing of the letter bearing No. 406 dated 12.6.2014 as contained in Annexure-1 to the writ petition whereby the cut of date for preparation of a voter list of the Primary Agricultural Credit Societies (hereinafter referred to as ‘the PACS’) was fixed as 30.6.2014. While the matter was pending consideration an interlocutory application bearing I.A.No.4763 of 2014 was filed seeking to add a relief for commanding the respondent Nos. 3 and 4 i.e. the Bihar State Election Authority (hereinafter referred to as ‘the Election Authority’) and the Chief Election Officer to hold the PACS election 2014 on the basis of the voters list prepared on 31.3.2014 and not on the basis of the voters list existing as on 30.6.2014 in terms of the directives contained in Annexure-1. A second interlocutory application bearing I.A.No.5028 of 2014 has been filed questioning the letter No.3593 dated 4.7.2014 as contained in Annexure-5 and the letter of the Chief Election Officer bearing No.488 dated 7.7.2014 issued pursuant thereto extending the cut of date for preparation of the voters list to 31.7.2014.

5. Since these are the developments which have taken place during the pendency of the writ petition and are connected with the main relief hence the interlocutory applications are allowed in terms of the prayer made thereunder.

6. Mr. Y.V. Giri learned Senior counsel has appeared on behalf of the petitioner- association while Mr. Vikash Kumar has appeared for the petitioner in the second writ petition. The State is represented by learned State counsel and the Election authority is in the two writ petitions is represented by Mr. Mukesh Kumar Thakur.

7. A preliminary objection was raised by Mr. Thakur appearing for the election authority as to the maintainability of the writ petition on grounds that since the election has been notified vide notification bearing No.597 dated 12.8.2014 placed on record in the counter affidavit filed on 19.8.2014 by the respondent Nos.3 and 4, the issue raised by the petitioners has been rendered academic and this Court would not interfere with the election process so initiated in exercise of discretionary jurisdiction under Article 226 of the Constitution of India. Learned counsel in support of his submissions has relied upon some orders passed by the Division Bench of this Court in L.P.A. No. 1028 of 2009 (Lalan Kumar Vs. State of Bihar and Ors.) dismissed on 10.8.2009 and C.W.J.C.No.13965 of 2012 (Gopal Giri Vs. State of Bihar and Ors.) dismissed on 2.8.2012. Referring to the two orders learned counsel for the election authority submitted that the Division Bench taking note of the fact that the election had been notified did not chose to interfere with the election process.

8. Responding to the preliminary objection raised by the election authority, Mr. Giri relying upon a Bench decision of this Court in C.W.J.C. N