JYOTI SARAN
Sushila Prasad – Appellant
Versus
State of Bihar – Respondent
Heard Mr. Yogendra Mishra, learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is aggrieved by the order dated 28.12.013 passed by the Deputy Registrar, Cooperative Societies, Patna Division, Patna in Misc. Case No.9 of 2013 whereby the election case has been dismissed on grounds of lack of evidence and absence of locus of the petitioner to prefer such election dispute.
3. Mr. Mishra has appeared to advance the case of the petitioner to submit that whereas in view of the provisions of Section 10 of the Bihar State Election Authority Act, 2008 (hereinafter referred to as the Act) an election dispute can be raised either by a candidate or an electorate and in so far as the issue of lack of evidence to confirm the invalid voters list is concerned, the same is manifest from the voters list present at Annexure-2 which apparently consists of such persons who are resident of the district of Nalanda and not the operative district of the society which has its headquarter at Patna. He submits that although the petitioner was not a candidate in the election but she did file her objection against the voters list and since in the meanwhile the election
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