Vyapar Mandal Election Must Comply With Provisions Of Bihar Co-Operative Societies Act And Rules: Patna High Court

The Patna High Court has dismissed a writ petition filed in the form of a Public Interest Litigation (PIL) concerning the guidelines issued by the Chief Election Officer of the Bihar State Election Authority regarding the election to the Managing Committee of the Vyapar Mandal Co-operative Societies.

The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed,“The election to the Vyapar Mandal is required to be conducted in terms of co-operative movement under the provisions of Bihar Co-operative Societies Act and Rules framed thereunder.”

“If the constitution of the Committee is not being done out of persons, whom as per the petitioner’s assertion, had submitted nomination/s, it is for them to take steps in accordance with the Act and Rules before the authorities competent under the Act, in accordance with law,” the bench added.

The petitioner, Maharana Singh, was aggrieved by the guidelines, which stipulated that if there is a lack of competition after the nomination process for elections is completed, the election would be stayed and intimation given to the State Election Commission.

Maharana Singh's case revolved around the nomination process for the Sonbhadra Banshi Suryapur Vyapar Mandal. Singh argued that only one person, the chairman of the Sherpur Primary Agriculture Credit Society (PACS), had filed a nomination for the position of chairman. Several other PACS chairmen had filed nominations for membership of the Managing Committee. Although the nominations were deemed valid, the election results had not been announced, and the formation of the Managing Committee remained pending according to the issued guidelines.

Singh claimed to have approached the Bihar State Election Authority, the District Magistrate of Arwal, and the Block Development Officer of Sonbhadra Banshi, requesting the uncontested declaration of the Committee in light of the valid nominations. However, the court noted that Singh himself had filed the writ petition as a Public Interest Litigation, identifying himself as the validly elected representative (Pramukh) of the residents of Sonbhadra Banshi Suryapur Block.

The court further observed that Singh was not among the individuals who had submitted nominations for membership of the Managing Committee or the position of its Chairman. Although Singh claimed to be an elected representative of the Block, he failed to include the nominated Chairmen of the PACS in his petition. Consequently, it could not be ascertained whether these individuals still desired to be members of the Managing Committee of the Vyapar Mandal solely based on Singh's assertions.

The bench concluded that there was no discernible public interest justifying the exercise of extraordinary discretionary writ jurisdiction in favour of the petitioner. Accordingly, the writ petition was dismissed.

Case Title: Maharana Singh vs. The State of Bihar and Others Civil Writ Jurisdiction Case No.2821 of 2018.

Appearance :

For the Petitioner/s : Mr.Arbind Kumar Singh, Adv.

For the Respondent/s : AC to AAG-11

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