Patna High Court
Ramesh PaswanversusThe Bihar State Election Authority
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed, and the petitioner is directed to file an election petition under Section 48 of the Bihar Co‑operative Societies Act, 1935.
Summary
Petitioner Ramesh Paswan filed a writ petition challenging a letter dated 06.10.2025 in which the Bihar State Election Authority rejected his representation alleging irregularities in the 27 May 2005 election of the Sirdilpur PACS Chairman. He claimed that the elected chairman, Manitesh Kumar Yadav, concealed a criminal case in his nomination and that the voter list contained deceased persons. The Authority contended that the petitioner should instead file an election petition before the Registrar of Co‑operative Societies under Section 48 of the Bihar Co‑operative Societies Act, 1935. The High Court examined the nature of the impugned order and the appropriate remedy. It disposed of the writ application, directing the petitioner to pursue his grievance by filing a petition under the said statutory provision, which the Registrar must decide within a reasonable time.
Issues considered
- Whether the High Court can entertain a writ petition challenging the rejection of a representation concerning alleged election irregularities in a PACS election.
- Whether the petitioner must file an election petition before the Registrar of Co‑operative Societies under Section 48 of the Bihar Co‑operative Societies Act, 1935.
Legislation cited
Subjects
- election irregularities
- PACS election
- writ jurisdiction
- Co-operative Societies Act
- representation rejection
- voter list anomalies
- criminal case suppression
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2254 of 2026
======================================================
Ramesh Paswan Son of Ram Wakil Paswan, resident of Ashrafpur Supaul,
P.S.- Sahpur Patory, District- Samastipur.
... ... Petitioner/s
Versus
1. The Bihar State Election Authority through the Chief Election Officer 32
Harding Road, Patna-800001.
2. The Chief Election Officer, Bihar State Election Authority 32 Harding Road,
Patna-800001.
3. The Joint Secretary, Bihar State Election Authority 32 Harding Road, Patna-
800001.
4. The Divisional Commissioner, Darbhanga Division, Darbhanga.
5. The District Magistrate, Samastipur.
6. The Sub-Divisional Officer-cum-District Deputy Election Officer,
Samastipur.
7. The District Cooperative Officer-cum-District Deputy Election Officer,
Samastipur.
8. The Election Officer Cooperative Society-cum-Block Development Officer,
Sahpur Patory, District-Samastipur.
9. The Administrator Sirdilpur PACS Patory, District-Samastipur.
10. Manitesh Kumar Yadav, Son of Jodhan Rai, resident of Village- Ashrafpur
Supaul, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha
For the Respondent/state : Mr. Sarvesh Kumar Singh, AAG 13
Bihar State Election Authority: Mr. M.K. Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 10-02-2026 1. Heard the parties.
2. The petitioner has filed the present writ application
against the letter no. 2782 dated 06.10.2025 issued by the Office
of the respondent no. 3 i.e. Joint Secretary, Bihar State Election
Authority whereby the authority has rejected the representation
Patna High Court CWJC No.2254 of 2026(2) dt.10-02-2026
2/3
of the petitioner filed with a grievance highlighting the
irregularities committed in the election of Sirdilpur PACS held
on 27.05.2005 in which the respondent no. 10 -Manitesh Kumar
Yadav was elected as Sirdilpur PACS Chairman.
3. Learned counsel for the petitioner submits that in the
election of the Chairman of the concerned PACS there was large
scale irregularity inasmuch as the respondent no. 10 suppressed
the material fact including criminal case lodged against him in
the nomination paper and there was illegality in the preparation
of voter list. In the voter list name of those persons have been
included who have already died.
4. Mr. Mukesh Kumar Thakur, learned counsel appearing
for Bihar State Election Authority submits that by the impugned
order the petitioner has only been suggested to file an election
petition before the competent authority, who is the Registrar,
Co-operative Societies under Section 48 of the Bihar
Co-operative Societies Act, 1935 (for short “Co-operative
Societies Act, 1935”).
5. Considering the submission made by the parties and the
nature of the impugned order, the present writ application is
disposed with a liberty to the petitioner to file a petition before
the Registrar, Co-operative Societies under Section 48 of the
Patna High Court CWJC No.2254 of 2026(2) dt.10-02-2026
3/3
Co-operative Societies Act, 1935. If such an application is filed;
the Registrar, Co-operative Societies shall be obliged to dispose
the same strictly in accordance with law within a reasonable
time frame.
(Anil Kumar Sinha, J)
praful/-
U
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