Anjani Kumar TiwariversusThe State of Bihar

                             -IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7503 of 2026
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           1.     Anjani Kumar Tiwari S/o Shyam Narayan Tiwari, R/o- village- Semariya,
                  P.S.- Kochas, District- Rohtas.
           2.    Vivek Kumar, S/o- Asmuni Shah, R/o- Village- Laheri, P.S.- Kochas,
                 District- Rohtas.

                                                                          ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Co-operative Dept.,
                 Govt. of Bihar, Patna.
           2.    The Registrar Co-operative Societies, Patna, Bihar.
           3.    The Station Election Authority, through the Joint Secretary, Patna, Bihar.
           4.    The District Magistrate, Rohats, Sasaram.
           5.    The District Co-operative Officer, Rohats, Sasaram.
           6.    The Assistant Registrar, Co-operative Society, Rohats, Sasaram.
           7.    The Block Development Officer, Block- Kochas, Rohtas.
           8.    The Block Co-operative Officer, Block- Kochas, Rohtas.
           9.    The Primary Agriculture Credit Co-operative Society (PACS), through its
                 Chairman, Laheri, Rohats.

                                                                 ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s  :      Mr. Jai Prakash Singh, Adv.
                 For the Respondent/s  :      Mr. Government Pleader (4)
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                 CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                         ORAL ORDER

2   25-06-2026               Heard learned counsel for the petitioners and

                  learned counsel appearing for the respondent-State as well

                  as the Bihar State Election Authority.

                             2. With the consent of both the parties, this writ

                  application is being disposed of at the admission stage

                  itself.

                             3. The petitioners have preferred this writ
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          application with the following reliefs;

                                    “(a) For issuance of an appropriate writ,
                        order or direction for quashing the notification
                        dated 17.04.2026, pertaining to Laheri PACS,
                        Kochas Block, whereby and where under the cut-off
                        date has been fixed as 31.03.2026, which is
                        arbitrary, irrational and wholly unwarranted,
                        particularly in view of the fact that, despite
                        directions of this Hon’ble Court and competent
                        authorities, the process of correction of the voter
                        list has not been completed.
                                    (b) For issuance of a writ in the nature of
                        mandamus          commanding       the      respondent
                        authorities to include the names of the petitioners
                        and other similarly situated persons whose
                        applications for membership were rejected by the
                        PACS Chairman, but who had preferred appeals
                        before the Assistant Registrar, Cooperative
                        Societies (ARCS) well before the cut-off date, and
                        whose appeals have already been allowed;
                        however, due to inaction and negligence on the
                        part of the respondent authorities, the membership
                        fees has been deposited after the cut of date, and as
                        such, they are entitled to be included in the voter
                        list of the society.
                                    (c) For issuance of a direction upon the
                        respondent authorities to deposited the
                        membership fees and include the name of
                        Petitioner No.2 along with 72 other members who
                        have already attained the status of deemed
                        registered members in the month of February itself,
                        but whose names will not been included in the
                        voter list, as informed by the respondents, merely
                        on account of non-deposit of membership fee,
                        which itself occurred due to failure of the
                        authorities to pass necessary orders regarding
                        deposit of membership fees within time.
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                                   (d) For issuance of a direction upon the
                        respondent authorities to include the name of
                        Petitioner No.1 along with several other persons
                        whose appeals have been allowed and whose
                        membership fees have already been deposited, but
                        whose names is been excluded from the voter list
                        solely on account of the arbitrary fixation of the
                        cut-off date, which is contrary to statutory
                        provisions and settled principles of law.
                                   (e) To any other relief or reliefs for which
                        the Petitioners are found entitled to in the facts and
                        circumstances of the case.”

                      4. The matter relates to inclusion of names of the

          petitioners, who are stated to have attained the status of

          deemed registered members of the PACS, Laheri as

          according to them, they have deposited the membership

          fees, in the voter list of PACS electoral roll.

                      5. Learned counsel for the petitioners, at the very

          outset, confined his prayer to the extent that this writ

          application may be disposed of with liberty to file a fresh

          representation with respect to their claim before the

          respondent authorities and they may be directed to consider

          the claim of the petitioners in accordance with law within a

          reasonable period. It is further submitted that the

          petitioners have already filed representation with respect to

          their claim before the concerned authorities despite that

          their claims have not been addressed as yet.
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                      6. Per Contra, learned counsel for the respondent

          does not oppose the limited nature of submission advanced

          by the learned counsel for the petitioners and submits that

          he has no objection if the petitioners file a fresh

          representation before the concerned authorities with

          respect to their claim as raised in this writ application which

          shall be decided by the respondent authorities within the

          time fixed by the Court.

                      7. Taking into consideration the submission put-

          forth by the learned counsel for the petitioners and taking

          note of the fact that the representation with respect to the

          claim of the petitioners is pending consideration before the

          respondent authority as yet, this Court deems it appropriate

          to dispose of this writ petition, at this stage, itself directing

          the petitioners to file a fresh representation, raising all the

          facts and grounds, as raised in this writ application, with all

          supporting documents with respect to their claim, annexing

          all the representations filed earlier, within a period of two

          weeks from today. If such representation is filed, the

          concerned respondent shall consider the representation of

          the petitioner and decide it by passing a reasoned and

          speaking order, in accordance with law, rules, regulations,
            Patna High Court CWJC No.7503 of 2026(2) dt.25-06-2026
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                      policies and government enforceable orders applicable to

                      the case of the petitioners, more particularly, in terms of

                      Rule 7(i)(e) of the Bihar Co-operative Societies Rules, 1959,

                      as expeditiously as possible, preferably within a period of 60

                      days from the date of receipt of a copy of order of this Court

                      after affording opportunity of hearing to the petitioners or to

                      their representative.

                                  8. Accordingly, with the aforesaid observation and

                      direction, the writ petition stands disposed of.

                                  9. It is made clear that this Court has not expressed

                      any opinion on the merits of the case.



                                                 (Girijish Kumar, J)

brajesh/-

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