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2018 Supreme(Pat) 14

ASHWANI KUMAR SINGH
Md. Shamim – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.B.K. Mangalam
For the State : Mr. Sushil Kumar.
For the State Election : Mr. M.K. Thakur. Authority
For the Respondent: Mr. Awadhesh Kumar.

JUDGMENT :

1. The prayers of the petitioner in this writ petition are as under:-

(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 9.10.2017 passed by the Respondent No. 6 whereby and whereunder the Respondent NO.6 has been pleased to reject the nomination paper filed by the petitioner to contest the election of Araria Vyapar Mandal for the post of Chairman on the ground that the petitioner is defaulter of Bank and has accepted the single valid nomination for the said post filed by the Respondent No.9.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent No. 6 to accept the nomination filed by the petitioner to contest the election of Chairman for Araria Vyapar Mandal on the ground that in view of the order dated 16.10.2014 passed by a Bench of this Hon'ble Court in C.W.J.C. No. 16142 of 2014 and the order issued by the Respondent No.2 in compliance thereof and the requirements of Section 41 of the Bihar Cooperative Societies Act, 1935, the Respondent No. 6 ought not to have rejected the nomination of the petitioner merely because the Bank has sent a list of defaulter to the Responden














































































































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