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HARISH KUMAR
Md. Shafique Alam Son of Late Akbar Ali @ Munshi Akbar Ali – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
JUDGMENT :
Heard Mr. Aditya Narayan Singh, learned counsel for the petitioner and Mr. Sanjay Kumar, learned counsel for the State. The State Election Authority is represented by Mr. Mukesh Kumar Thakur. Mr. Rakesh Kumar Jha, learned counsel appears on behalf of respondent no.8.
2. The petitioner claimed to be one of the candidate contested for the post of Director (male) unreserved category seeks issuance of an appropriate writ, order or direction to hold and declare election dated 12.04.2023, conducted for the constitution of Managing Committee of District Central Cooperative Bank Ltd., Purnea as null and void.
3. The grounds set forth to challenge the Election dated 12.04.2023 are mainly revolves around non-compliance of the Rules 21(S)(1) and 21(S)(9) of the Bihar Co-operative Societies Rules, 1959.
4. It is submitted on behalf of the petitioner that the Bihar State Election Authority while conducting the election, in question, has completely ignored the mandatory provisions of Rules 21(S) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as ‘the Rule
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
The availability of an alternative remedy under the Rajasthan Cooperative Societies Act, 2001, and the proviso under Section 58(2)(c) of the Act.
Writ petitions challenging election irregularities must be addressed by election tribunals, not courts, emphasizing the constitutional bar on judicial interference in electoral matters.
The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing ....
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
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