Non-disclosure of a criminal case unconnected with specified offenses does not disqualify a candidate from contesting a cooperative election.

The petitioner by this writ petition filed under Article 226 of the Constitution of India has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 31.1.2015/14.2.2015 (incorrectly mentioned as 31.1.2015/14.1.2015) passed by the Joint Registrar, Co-operative Societies, Magadh Division, the respondent no. 3 herein in Election Dispute No. 10 of 2014-15 as circulated vide Memo No. 274 dated 16.2.2014 impugned at Annexure-3 to the writ petition, whereby the election of the petitioner has been set aside and the election petitioner i.e. respondent no. 5 has been declared elected.

2. The facts are not in dispute rather are admitted. The petitioner and the respondent no. 5 contested the election to the post of Chairman, Pura Primary Agriculture Credit Co-operative Society (hereinafter referred to as “the Co-operative Society”) which took place on 01.11.2014. The results were declared on 02.11.2014 and in the contest the petitioner defeated the respondent no. 5 by a margin of 15 votes. The respondent no. 5 raised an election dispute before the Joint Registrar, Co-operative Society bearing Election Dispute No. 10 of 2014-15 and the Joint Secretary by the impugned judgment and order dated 31.1.2015/14.2.2015 while declaring the election of the petitioner as illegal has further proceeded to declare the respondent no. 5 elected and being aggrieved the petitioner is before this Court.

3. The election of the petitioner has been set aside on grounds of suppression of material fact by the petitioner in respect of divulging the details relatable to his involvement in a criminal case arising from Harijan P.S. Case No. 23 of 2000/Trial No. 13 of 2013 and in which cognizance has been taken under Section 147, 342, 323 and 504 of the Indian Penal Code against the petitioner. It was the complaint of the private respondent no. 5 that the petitioner has suppressed the fact regarding the criminal case instituted against him as well as the incarceration suffered thereunder while filing his affidavit alongwith the nomination form and in this manner had violated the Act, Rules and the guidelines issued by the election commission and hence the nomination paper was liable for rejection and his election was fit to be set aside. These facts of non disclosure of the criminal case in question are admitted and not in dispute rather the petitioner himself has enclosed the copy of the nomination form as well as affidavit at Annexure-5 and does not dispute the position. The contention of the petitioner is that the non-disclosure of the involvement of the petitioner in a criminal case instituted for offences not relatable to a transaction of a Co-operative Society was not required to be disclosed nor can lead to rejection of nomination. The Joint Registrar has rejected the contentions advanced on behalf of the writ petitioner relying upon the Supreme Court judgment rendered in the case of the Union of India vs. Association for Democratic Reforms reported in (2002) 5 SCC 294 and has held the petitioner guilty of suppression of material fact and held him disqualified to contest the election and while doing so has declared the respondent no. 5 elected.

4. Mr. Rakesh Kumar Jha has appeared for the petitioner while the State is represented by the State counsel and the election petitioner i.e. the respondent no. 5 is represented by Mr. Rajendra Narain, learned senior counsel. Mr. Jha, learned counsel for the petitioner has referred to the election petition filed by the respondent no. 5, a copy of which is placed at Annexure-1 to submit that even when no relief has been sought by the election petitioner for declaration of the result in his favour yet the Joint Registrar has in a cavalier manner declared him elected. He submits that the impugned order is unsustainable on more than one ground.

5. With reference to the provisions underlying Section 13 of the Bihar State Election Authority Act, 2008 (hereinafter referred to as “the Electio