Patna High Court
Rahul Kumar @ Rahul Kumar Singh @ Vikky SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed of as withdrawn, allowing the petitioner to pursue relief under the Bihar Co‑operative Societies Act, 1935.
Summary
The petitioner filed a writ petition seeking to set aside the result of a PACS election in Dumraith, alleging that the electoral roll had been tampered with by marking alive voters as dead and inserting outsiders and minors, in collusion with the Block Level Officer who was also a respondent. The petition sought a fresh election after correcting the roll and an inquiry against erring officials. During the hearing, the petitioner requested permission to withdraw the writ and instead pursue relief under Section 48 of the Bihar Co‑operative Societies Act, 1935. The court considered the request and, without addressing the merits of the election‑related allegations, allowed the withdrawal. Consequently, the writ application was disposed of as withdrawn, permitting the petitioner to file a new application under the cooperative societies statute.
Issues considered
- Whether the election result of the PACS election can be set aside on the ground of alleged manipulation of the electoral roll.
- Whether the petitioner may withdraw the writ petition and seek relief under Section 48 of the Bihar Co‑operative Societies Act, 1935.
Legislation cited
Subjects
- election
- writ petition
- electoral roll manipulation
- withdrawal
- Bihar Co-operative Societies Act
- Section 48
- PACS election
- cooperative societies
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9169 of 2026
======================================================
Rahul Kumar @ Rahul Kumar Singh @ Vikky Singh S/O Lakshman Singh,
Resident of Village Dumraith, near post office, P.S.-Bhabhua, District-
Kaimur at Bhabhua.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Co-operative Department
Government of Bihar, Patna.
2. The Bihar State Election Authority, 32 Harding Road, Patna 800001.
3. The Registrar, Co-operative Department, New Secretariat, Bailey Road,
Patna.
4. The District Magistrate, Kaimur at Bhabhua.
5. The Block Development Officer, Bhabhua.
6. Shiv Kumar Singh, S/O late Lallan Singh, Resident of village- Dumraith,
P.S- Bhabhua, District- Kaimur at Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate
Ms. Tetara Kumari, Advocate
Ms. Nupur Anand, Advocate
For the State : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
For the Election Authority : Mr. M.K. Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s) :
“1. That instant writ application has
been filed for setting aside the election result
declared in favour of Respondent No 06 in regard
with PACS election held at Dumraith, Bhabhu,
PACS who has been illegally elected by the
Patna High Court CWJC No.9169 of 2026(2) dt.30-06-2026
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authorities by manipulating electoral roll in which
alive voters have been shown dead and outsiders
as well as minors have been incorporated therein
by the conspiracy of the authorities and private
respondent no 06 who was the BLO also and
further be pleased to direct holding of fresh
election after correcting the electoral roll and
further it is prayed that an enquiry be set up
against erring officials responsible for maligning
the sacred election process and/or for any other
order or orders may be passed in the facts and
circumstances of the case.”
3. After some argument, learned counsel for the
petitioner seeks permission to withdraw the instant application
to file an appropriate application for the relief prayed for herein
under the provisions contained in section 48 of the Bihar Co-
operative Societies Act, 1935.
4. The writ application stands disposed of as
withdrawn with the aforesaid liberty.
(Partha Sarthy, J)
Shiv/-
U
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