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2025 Supreme(Online)(Pat) 1702

PATNA HIGH COURT
Manoj Kumar Singh – Appellant
Versus
The State of Bihar – Respondent
CWJC-732/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.732 of 2025 ======================================================

Manoj Kumar Singh S/o Late Ramjash Singh, R/o Village-Giridhar Baron, Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Cooperative Department, Government of Bihar, Patna.

2. The Chief Secretary, Cooperative Department, Government of Bihar, Patna.

3. The Deputy Chief Secretary, Cooperative Department, Government of Bihar, Patna.

4. The Registrar, Cooperative Department, Government of Bihar, Patna.

5. The Joint Registrar, Cooperative Department, Government of Bihar, Patna.

6. The Bihar State Cooperative Election Authority, through its Secretary, Bihar, Patna.

7. The District Magistrate cum Chief Election Officer, Buxar.

8. The Deputy Development Commissioner cum Nodal Officer, Buxar.

9. The District Cooperative Officer, Buxar.

10. The Block Development Officer cum Election Officer, Nawanagar Block, District-Buxar.

11. The Block Cooperative Officer, Nawanagar Block, District-Buxar.

12. Sudama Singh, Son of Triyogi Singh, Resident of Giridhar Baraon, Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.

13. Sona Devi, Wife of Hansraj, Resident of Giridhar Baraon, Nawanagar, P.S.-

Sonbarsa, District-Buxar, PIN-802127.

14. Munna Nat, son of Late Shivparsan Nat,. Resident of Giridhar Baraon, Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.

15. Surendra Singh, Son of Late Jiut Singh, Resident of Giridhar Baraon, Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.

16. Kamli Devi, Wife of Vijay Paswan, Resident of Giridhar Baraon, Nawanagar, P.S.-Sonbarsa, District-Buxar, PIN-802127.

... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Niranjan Kumar, Advocate : Mr. Shubham Singh, Advocate For the State : Mr. Standing Counsel (01)

For the SEA : Mr. Mukesh Kumar Thakur, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL JUDGMENT

Date : 01-08-2025 Heard learned counsel for the petitioner, learned counsel for the Respondent-State and learned counsel for the State Election Authority.

2. The petitioner filed the present writ application claiming the following reliefs:-

“(i) For issuance of writ in the nature of Mandamus for directing and commanding the responsible Respondent Authorities specially the Block Development Officer-cum- Election Officer, Nawanagar Block, District-Buxar (Respondent No. 10) to accept the nomination paper of the petitioner dated 10.01.2025 to contest the election for the post of Chairman of Giridhar Baraon PACS, Block-Nawanagar, District- Buxar, in the interest of justice and securing the rights and entitlement of the candidate and voters guaranteed under Part-III of the Constitution of India under Article-19(1)(a) and the Statutory rights incorporated under the Cooperative Societies Act, 2023 as well as securing the beauty of democratic process.

(ii) For staying the operation of the election process for the post of Chairman and Members of the Giridhar Baraon PACS, Block- Nawanagar under the District- Buxar for securing the beauty and objective of democratic process as well as the rights of the candidates and voters guaranteed under Article-19(1) (a) of the Constitution of India as well as the prevailing Act and Statutes, during the pendency of this writ application.

(iii) For issuance of direction to the higher officials or the responsible respondents to take punitive action against the Respondent No. 10, who has deliberately and willfully not accepted the nomination paper of the petitioner and flatly denied to accept the same in connivance with Private Respondent No. 12 having pecuniary interest, although on the scheduled time and date of nomination i.e. 11:00 A.M. to 04:00 P.M. on 10.01.2025, the petitioner is present at the place/scheduled venue for filing the nomination paper by fulfillin

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