Patna High Court
Niraj Ojha alias Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
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
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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
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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/-
U √
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