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2021 Supreme(Pat) 768

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Laxmi Sahani – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Rakesh Kumar Jha, Advocate, r.Bindhyachal Rai, Advocate, Mr. Vikash Kumar, Advocate, for the Appellant; Mr.Uday Shankar Sharan Singh, Mr. Amit Shrivastava, Senior Advocate, Mr. Chandan Priyadarshi, Advocate, for the Respondent.

JUDGMENT

Chakradhari Sharan Singh, J. - The petitioner is seeking quashing of an order dated 13.03.2020 passed by the Deputy Registrar (Cane), Co-operative Societies, Bihar, Patna (Respondent No.4) in Election Dispute Case No. 173/2017, whereby his election petition for setting aside the election of Respondent No.8 to the post of Secretary, Harlakhi Prakhand Matasyajivi Sahyog Samiti Ltd. ("Society", in short), has been rejected.

2. The Society is a registered Society under the Bihar Co-operative Societies Act, 1935.

3. The petitioner had challenged election of Respondent No.8 to the said post mainly on the ground of him being a defaulting voter and, therefore, disqualified to file nomination. The petitioner had also contested the said election and had lost to Respondent No.8. The petitioner's election petition has been rejected mainly on the ground that the question as to whether the petitioner was a defaulter or not, could have been decided by the competent authority before the process of election had begun and such dispute could not be gone into in an election petition under Section 10 of the Bihar State Election Authority Act, 2008 ("the Act of 2008", in short), relying on a Singl

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