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RAJIV ROY
Kush Kumar – Appellant
Versus
State of Bihar – Respondent
(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
Returning Officer was required only to notice that on the dates of nomination and election in view of the order of conviction, whether the respondent No.5 was disqualified. The question whether subse....
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The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
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