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HARISH KUMAR
Md. Shafique Alam Son of Late Akbar Ali @ Munshi Akbar Ali – Appellant
Versus
State of Bihar – Respondent
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 Rules, 1959’), as the ballot paper containing the name of contesting candidate was without any election Symbol agai
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
The availability of an alternative remedy under the Rajasthan Cooperative Societies Act, 2001, and the proviso under Section 58(2)(c) of the Act.
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