Patna High Court
Bhola Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court disposed of the writ petition, granting the petitioner liberty to withdraw and pursue the election petition under the Bihar Co-operative Societies Act, 1935.
Summary
Bhola Prasad Yadav filed a writ petition in the Patna High Court seeking a mandamus directing the respondents to set aside the election of the PACS Chairman of Karmedh West PACS, to order a recount, and to appoint the candidate with the highest valid votes. The State Election Authority contended that the appropriate remedy was an election petition under section 14A(6) of the Bihar Co-operative Societies Act, 1935. The petitioner subsequently requested permission to withdraw the writ application and pursue the statutory remedy. The Court noted that if the writ were to be entertained, it should be decided within four months, but granted the petitioner liberty to withdraw. Accordingly, the writ petition was disposed, allowing the petitioner to seek relief through the election petition under the Act. The order emphasizes the preference for the specific statutory remedy over judicial intervention in cooperative society elections.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing a recount and re‑election of the PACS Chairman.
- Whether the appropriate remedy is an election petition under section 14A(6) of the Bihar Co-operative Societies Act, 1935.
- Whether the Court should entertain the writ application or direct the petitioner to pursue the statutory remedy.
Legislation cited
- Bihar Co-operative Societies Act, 1935 — s. 14A(6)
Subjects
- mandamus
- election petition
- cooperative societies
- writ jurisdiction
- recount
- Bihar Co-operative Societies Act
- PACS election
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5008 of 2026
======================================================
Bhola Prasad Yadav, Son of Late Ram Prasad Yadav, Resident of Village-
Belha Malin, Police Station- Lalmatia, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Co-operative Department,
Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Government of Bihar, Patna.
3. The Chief Election Officer, Bihar State Election Authority, 32, Harding
Road, Patna.
4. The District Magistrate-cum-District Election Officer, Madhubani.
5. The Deputy Development Officer-cum-Nodel Officer, Madhubani.
6. The Marketing Officer, Supply-cum-Returning Officer, Madhubani.
7. The Election Officer-cum-Block Development Officer, Khutauna,
Madhubani.
8. Ram Kumar Yadav, Son of Late Jageshwar Yadav, Resident of Village-
Belha Malin, Police Station- Lalmatia, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Uday Chand Prasad, Advocate
Mr. Manoj Kumar, Advocate
Ms. Pooja Prasad, Advocate
For the State : Government Pleader-11
For the Resp. No.3 : Mr. M. K. Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“(i) For issuance of the writ in the
Patna High Court CWJC No.5008 of 2026(2) dt.15-04-2026
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nature of Mandamus commanding the
Respondents to conceals the election of
Respondent who has been elected as the PACS
Chairman of Karmedh West PACS, District-
Madhubani in illegal manner.
(ii) For commanding the Respondents
to conduct recounting of the PACS election of
Karmedh PACS in presence of higher authorities
which was held on 06.02.2026.
(iii) For commanding the
Respondents to elect PACS Chairman after
recounting, who got more valid votes.
(iv) For any other appropriate writ,
order, direction save and except in accordance
with law.”
3. At the outset, learned counsel for the Bihar State
Election Authority (respondent no.3) submits that the election in
question being over, the petitioner has an alternate and
efficacious remedy of filing an election petition under section
14A(6) of the Bihar Co-operative Societies Act, 1935.
4. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application to
pursue the remedy available in law.
5. In case the application is filed as prescribed under
law, the same shall be decided expeditiously, preferably within a
period of four months from the date of its filing.
6. The writ application stands disposed of with the
Patna High Court CWJC No.5008 of 2026(2) dt.15-04-2026
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aforesaid liberty.
(Partha Sarthy, J)
avinash/-
U
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