(A) PRAYER:

2. The petitioner has prayed for the following reliefs:—

(i) that the present writ application is being filed in the nature of certiorari for setting aside the order dated 31.08.2022/13.10.2022 passed by the court of the Learned Joint Registrar, Cooperative Societies, Bihar at Patna in Bindeshwar Singh vs. Block Developrnent Officer. Ghodasahan and Ors. By which the election of the present petitioner has been cancelled in the light of Rule - 8(e), 9 and 24(2) of the Bihar Co-operative Societies Rules, 1959; on the ground that the Learned Court has not taken the consideration of the although the present petitioner has been convicted under Section-323 of the Indian Penal Code, 1860 however the Learned Court below has given the benefit of the Probation of Offenders Act, 1958 and absolve the present petitioner from the punishment after due warning and gentle rebuke and therefore the present order is in violation of Rule-8(e) and in violation of the Bye- laws 7(6) of Primary Agriculture Credit Societies Bye- Laws, (ANNEXURE-P/8);

(ii) that the present writ application is being filed in the nature of certiorari for setting aside the order dated 13.09.2023, passed by the Learned Court of Joint Registrar (HQ.). Cooperative Societies, Bihar at Patna in Review Case No. 11 of 2023 by which the review petition of the present petitioner filed challenging the order dated 31 08 2022/13 10.2022 passed in Bindeshwar Singh vs. Block Development Officer, Ghodasahan and Ors. has been rejected on purely technical ground without considering the case of the petitioner on the merit, on the ground that the review petition has been rejected on totally non-est ground, without considering the facts and circumstances of the case and thus it is the violation of principle of nature Justice, (ANNEXURE-P/9);

(iii) that the present writ application is being filed in the nature of mandemus for issuing direction to the Block Development Officer-Cum Election Officer Ghodesahan, East Champaran to appoint the present petitioner as the Chairman of the Barwakal Primary Agriculture Gredit Society Ltd. (hereinafter referred as Society/PAGE); on the ground that the present petitioner contested the election in free and fair manner and able to secure the highest number of votes in the election of PACS;

(iv) and pass any such other order/ orders as this Hon’ble Court deem fit and proper.

(B) CASE OF THE PETITIONER:

4. The present petitioner is the member of the Barwakal Primary Agriculture Credit Society Ltd (henceforth for short ‘the PACS’) and participated in ‘the PACS’ Election- 2019. He was able to secure the highest number of votes i.e. 802 against all the opposite members.

5. The present dispute relates to the nomination and appointment on the post of the Chairman after the completion of free and fair election of ‘Barwakal PACS’. The said Society is registered under the Bihar Cooperative Societies Act, 1935 (hereinafter referred ‘the 1935 Act’) and the conduct of its business is carried out as per ‘the said Act’ Rules as also the Bye-laws framed in this regard by the Society.

6. The contention is that the Bihar State Election Authority (henceforth for short ‘the Authority’) under the signature of the Chief Election Officer, Patna vide its memo no. 1774 dated 31.10.2019 issued the direction to all the District Collector-Cum-District Election Officer, the Deputy Development Commissioner-Cum-Nodal Officers (PACS Election), and the Bock Development Officer-Cum-Election Officer, Bihar to conduct the election in total five phases for all ‘the PACS’ as the tenure was/were coming to an end.

7. The respondent no.9 on 01.12.2019 made a complaint to the Block Development Officer-Cum-Election Officer, Ghodasahan for barring the present petitioner from contesting the said election on the ground that though he has been acquitted in the Tr. No. 21/13/GR No. 941 of 2008 by the learned Trial Court, it was set aside in Criminal Appeal No. 03/2014. He as such, has been finally convic