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Patna High Court

Bhola Prasad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                             2/3




                             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
                                                        3/3




                      aforesaid liberty.



                                                     (Partha Sarthy, J)
avinash/-

U


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