JUDGMENT :

Rajeev Ranjan Prasad, J.

This writ application has been preferred for issuance of a writ in the nature of certiorari to quash and cancel the judgment and order dated 26.10.2018/20.11.2018 passed by Respondent No. 3 in Election Dispute Case No. 323 of 2014 whereby the respondent no. 3 i.e. the Deputy Registrar (Headquarter), Cooperative Societies, Bihar, Patna has set aside the election of the writ petitioner on the ground that there had been overwriting and interpolation in the list of members and the petitioner had failed to produce any clinching evidence in support of his bonafide membership of Dhenuki Primary Agriculture Credit Cooperative Societies (hereinafter referred to as the 'Society' or the 'PACS').

The petitioner also prays for a declaration that in absence of any notification by the State Government in terms of Sub-Section 2 of Section 6 of the Bihar Cooperative Societies Act,1935 (hereinafter referred to as the 'Act of 1935') authorizing the Respondent No. 3 to discharge the functions of Registrar, the Respondent no. 2 had no jurisdiction to transfer the case for disposal by Respondent no. 3 and if respondent no. 3 has disposed of the election petition by the impugned order the same is without jurisdiction.

A prayer has also been made to issue a writ in the nature of mandamus commanding and directing the respondent authorities to reinstate the petitioner to the post of Chairman of the Society which the petitioner was holding prior to passing of the impugned order.

2. It is the case of the petitioner that he had applied for membership of the Society in the prescribed form and declaration in terms of Sub-Rule 4(a) to (c) of Rule 7' of the Bihar Cooperative Societies Rules,1959 (hereinafter referred to as the 'Rules of 1959'). He was admitted as a member of the society by the Block Development Officer and a list of the applicant was sent to the Chapra Branch of Bihar State Cooperative Bank Limited, where the petitioner had also deposited his membership fee and had purchased one share of the society. It is his submission that a draft voter list was drawn by respondent no. 7' who happened to be the Returning Officer of the election and it was published for general information to the public. No objection was received against the draft voter list, therefore, final voter list for holding the election of the Managing Committee was published.

3. It is his further case that since in the voter list his name was appearing, he filed his nomination to contest the post of Chairman and in course of scrutiny of the application no objection was raised by anyone against the candidature of the petitioner. The nomination was thus accepted and was also published in the list of validly nominated candidates. The petitioner, thereafter, contested the election and was declared elected as Chairman of the Society. Private respondent no. 8 was defeated. The respondent no. 8, thereafter filed an election dispute case bearing Case No. 323 of 2014. A copy of the election petition has been brought on record as Annexure 'P-1'. The case was contested by this petitioner by filing written statement and bringing on record the various documentary evidences. Respondent no. 7 had also filed his response in the election dispute case and had brought on record the letter of District Cooperative Officer dated 05.02.2016 to demonstrate that the petitioner had deposited the membership fee and had purchased one Share of the Society. In this connection, respondent no. 7 had also produced letter of the Branch Manager of the bank to show that the petitioner was one amongst 41 members whose membership fee has been deposited in the Bank.

4. The petitioner has also brought on record certain information supplied to him by the Public Information Officer-cum-Branch Manager, Chapra Branch of the Bank, which according to the petitioner, conclusively proved that at serial no. 41 of the list of members forwarded by respondent no. 7, the name of the petitioner finds place