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2023 Supreme(Pat) 240

SATYAVRAT VERMA
Krishna Ram – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Rakesh Kumar Jha.
For the Respondents: Mr. Ram Vinay Pd. Singh, A.C. to G.A. XII.
For Resp. No. 5 & 6 : Mr. Manish Dhari Singh.

Satyavrat Verma, J. – Heard learned counsel for the petitioners and learned counsel for the State along with learned counsel for the State Election Authority, Mr. Mukesh Kumar Thakur.

2. The learned counsel for the petitioners submits that an Election Petition (Annexure-1 to the writ application) bearing No. 10 of 2009 was filed before the Respondent No. 3 by the Respondent Nos. 5 and 6 challenging the election dated 13.06.2009 held for constituting the Managing Committee of Arpana Sahkari Gram Nirman Samiti Ltd., (hereinafter referred to as the ‘Society’) in the Election Petition, it was alleged that the election had taken place based on fake and forged voter list as 37 persons named in the voter list from Serial No. 152 to 188 were not voters of the Society.

3. It is next submitted that the membership of the petitioners and 34 others was questioned on the ground that the Managing Committee of the Society had not approved their names. It is further submitted that O.P. No. 3 of the Election Petition, a returned candidate for the post of Secretary had replied the contents of the Election Petition, stating that there were 151 members of the Society as on 31.03.2004 and 37 members were

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