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Patna High Court

Niraj Ojha alias Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must approach the Registrar of Co‑operative Societies under Section 48 for his membership issue and that the election challenge is barred by the expiry of the statutory time limit.

Summary

The petitioner, Niraj Ojha, claimed to be a full member of Sarwan PACS but was listed as a co‑member in the voters' list for the 2024 PACS election, which barred him from contesting. He filed a writ petition, was directed to make a representation before the Bihar State Election Authority, and the Authority rejected his claim for lack of evidence. The election was subsequently concluded with the office‑bearer elected unopposed. The High Court observed that the petitioner has a remedy under Section 48 of the Bihar Co‑operative Societies Act, 1935 to challenge his membership before the Registrar of Co‑operative Societies, but the time limit to contest the election result has expired. Consequently, the court disposed of the writ application without granting relief.

Issues considered

  • Whether the petitioner can be allowed to contest the PACS election despite being listed as a co‑member in the voters' list.
  • Whether the court can intervene in the election result when the statutory time limit for filing an election petition has lapsed.
  • Whether the petitioner should seek remedy for his membership status under Section 48 of the Bihar Co‑operative Societies Act, 1935.

Legislation cited

Subjects

  • co-operative societies
  • membership
  • voters list
  • election dispute
  • Section 48
  • writ jurisdiction
  • time limit
  • election petition
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.433 of 2026
                 ======================================================
                 Niraj Ojha alias Niraj Kumar S/o Nageshwar Ojha, Resident of Village-
                 Sarwan, P.O. - Sarwan, P.S.- Barachatti, District- Gaya.

                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Co-
                 operative, Govt. of Bihar, Patna.
           2.    The Collector-cum-District Election Officer, Gaya.
           3.    The District Co-operative Officer -cum- District Deputy Election Officer,
                 Gaya.
           4.    The Block Development Officer -cum- Returning Officer, Barachatti, Gaya.
           5.    The Block Co-operative Extension Officer, Barachatti.
           6.    Sri Rajesh Kumar, Chairman Sarwan PACS, Barachatti, Gaya.
           7.    The Secretary, Sarwan PACS, Barachatti, Gaya.
           8.    The Bihar State Election Authority, through its Secretary, Patna.
           9.    The Secretary, Bihar State Election Authority, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Madhu Prasun
                 For the Respondent/s   :      Mr.Standing Counsel (25)
                 For the B.S.E.A.       :      Mr. Mukesh Kumar Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   19-01-2026         1. Heard learned Counsel for the parties concerned.

                       2.   The petitioner claims to be the full-fledged member of the

                            Sarwan PACS, Barachatti, Gaya, but he was shown as a

                            co-member of the said PACS in the voters’ list prepared

                            for the PACS election of 2024. The petitioner wanted to

                            contest the election, but due to wrong placement of his

                            membership in the voters’ list, the petitioner approached

                            this Court in CWJC No. 19268 of 2024, complaining
Patna High Court CWJC No.433 of 2026(2) dt.19-01-2026
                                            2/3




                   against the defect in the preparation of voters’ list and not

                   allowing the petitioner to contest the election, meanwhile

                   some of the members of the PACS have been elected

                   unopposed. The writ application was disposed with

                   direction to the petitioner to file a representation before

                   the Bihar State Election Authority (in short, ‘the

                   Authority’) and in pursuance thereof, the petitioner filed

                   an application before the Authority, dated 09.01.2025.

              3. The Authority has decided the claim/representation of the

                   petitioner by the impugned order, dated 27.01.2025,

                   holding that the petitioner failed to produce any evidence

                   to show that the petitioner was inducted as full-fledged

                   member of Sarwan PACS, Barachatti, Gaya.

              4. Mr. Mukesh Kumar Thakur, learned Counsel for the

                   Authority, submits that after disposal of the objection of

                   the petitioner by the Authority, dated 27.01.2025, election

                   notification was issued by the Authority on 29.01.2025

                   and as per the schedule of election, the election has, now,

                   been concluded and the office bearer has been declared

                   elected unopposed.

              5.   Accordingly, the submission is that the tenure of the

                   office bearer is of five years and if the petitioner wants to
            Patna High Court CWJC No.433 of 2026(2) dt.19-01-2026
                                                        3/3




                              pursue the election petition, he has the remedy before the

                              Registrar, Co-operative Societies, under Section 48 of the

                              Bihar Co-operative Societies Act, 1935 and can also take

                              recourse to the remedy before the Registrar, Co-operative

                              Societies, with regard to his membership.

                          6. Considering the fact that the petitioner has the remedy

                              before the Registrar, Co-operative Societies, insofar as

                              his membership status is concerned, the petitioner can file

                              a proper application before the Registrar, Co-operative

                              Societies, who shall decide the same in accordance with

                              law.

                          7. Since the time limit for challenging the election of the

                              office    bearers      before     the   Registrar,   Co-operative

                              Societies, has, now, expired, as such, this Court cannot

                              relegate the petitioner before the Registrar, Co-operative

                              Societies, challenging the election of the office bearers of

                              the Sarwan PACS, Barachatti, Gaya.

                          8. With the aforesaid observation and direction, this writ

                              application is disposed.



                                                                      (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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