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Patna High Court

Arvind Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as the petitioner must first avail the statutory remedy under Section 48 of the Bihar Co‑operative Societies Act, 1935.

Summary

Arvind Kumar Singh filed a writ petition in the Patna High Court seeking to quash the result of the Gorea Kothi PACS election held on 24‑11‑2024, alleging serious irregularities that led to the unopposed election of respondent No. 6. He had earlier approached the Election Tribunal, Deputy Registrar of Co‑operative Societies, but no action was taken. The State argued that the petitioner has a specific statutory remedy under Section 48 of the Bihar Co‑operative Societies Act, 1935. The Court held that because a statutory remedy is available, the writ jurisdiction is not appropriate. Consequently, the petition was dismissed, with liberty granted to the petitioner to pursue the remedy before the Registrar of Co‑operative Societies.

Issues considered

  • Whether a writ petition for quashing a PACS election result is maintainable when a specific statutory remedy under the Bihar Co‑operative Societies Act, 1935 is available.
  • Whether the petitioner can be directed to approach the Registrar of Co‑operative Societies instead of the High Court.

Legislation cited

Subjects

  • writ jurisdiction
  • election irregularities
  • co-operative societies
  • statutory remedy
  • Section 48
  • quashing election result

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1462 of 2026
                 ======================================================
                 Arvind Kumar Singh S/o- Sh. Ramvilash Singh, R/o- Village-Gorea Kothi,
                 P.O. and P.S.- Gorea Kothi, District- Siwan, Bihar, 841434.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    District Magistrate cum Election Officer, Siwan.
           3.    Block Development Officer, Gorea Kothi, Siwan, 841434.
           4.    Co-operative Extensive Officer, Gorea Kothi, Siwan, 841434.
           5.    Presiding Officer, Gorea Kothi Panchayat PACS Under Gorea Kothi Block,
                 Siwan, 841434.
           6.    Deputy Registrar Co-operative Societies, Patna, Bihar.
           7.    Santosh Kumar Singh, S/o- Rajnarayan Singh, R/o- Village-Harpur, P.O.-
                 Gorea Kothi, P.S.- Gorea Kothi, District- Siwan, Bihar, 841434.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Paritosh Parimal
                 For the Respondent/s   :      Mr.Government Advocate 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   03-02-2026          1. Heard learned counsel for the petitioner through video

                   conferencing and learned A.C. to G.A. No. 5.

                        2. The petitioner has filed the present writ application for

                   quashing the result of Gorea Kothi PACS under Gorea Kothi

                   Block, Siwan election conducted on 24.11.2024 and its result

                   dated 27.11.2024 in which respondent no. 6 was elected

                   unopposed due to serious irregularities in the PACS Election,

                   2024 conducted in Gorea Kothi Panchayat, Siwan, Bihar.

                        3. Learned counsel for the petitioner submits that the

                   petitioner has already filed an application on 29.08.2025 before
           Patna High Court CWJC No.1462 of 2026(2) dt.03-02-2026
                                                       2/2




                     the Election Tribunal, Deputy Registrar Co-operative Societies,

                     Patna challenging the legality and validity of the PACS Election,

                     2024 however, till date no action has been taken on his

                     application.

                          4. Learned counsel for the State submits that the petitioner

                     has remedy available before the Registrar, Co-operative

                     Societies under Section 48 of the Bihar Co-operative Societies

                     Act, 1935.

                          5. Considering the fact that the petitioner has remedy before

                     the Registrar, Co-operative Societies, this writ application is

                     dismissed with a liberty to the petitioner to pursue his remedy

                     before the Registrar, Co-operative Societies, Bihar, Patna who

                     shall decide the same in accordance with law.



                                              (Anil Kumar Sinha, J)
praful/-

U


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