Patna High Court Directs District Magistrate To Conclude Enquiry Into Alleged Illegality In Bihar Cricket Association Election Within 45 Days

The Patna High Court has directed the District Magistrate, Patna to conclude enquiry into the allegations of illegalities in the elections to the Bihar Cricket Association within a period of 45 days.

The court was hearing a petition seeking a direction upon the District Magistrate, Patna to conclude the enquiry as directed by the Inspector General, Prohibition, Excise and Registration, Government of Bihar relating to illegalities committed in the elections to the governing body of the Bihar Cricket Association.

The counsel appearing for the respondents argued that the only remedy which the petitioner or any aggrieved person has with respect to the outcome of the election is to file an election petition before the concerned Trial Court of competent jurisdiction.

While rebutting the argument, the petitioner’s counsel placed reliance on Rule 18 of the Bihar Societies Registration Rules, 2018 and argued that it mandates that in the event of any dispute arising out of the existence of two rivals Governing and/or executive bodies for being a rightful Managing body of the society, then, the I.G. can ask the District Magistrate to enquire himself or through one of his subordinate officers and to submit a report, inviting all the rival bodies and hear the matter in person and cause re-election of the Governing and/or Executive body to be done in presence of an Observer appointed by the I.G., Registration.

He further submitted that the I.G. Registration has already directed the District Magistrate, Patna to hold an enquiry and to submit a report. He submitted that all he was praying for was a direction to the District Magistrate to conclude the said enquiry.

While disposing of the petition, a bench of Justice Satyavrat Verma directed the District Magistrate, Patna to conclude the enquiry as directed by the Inspector General, Prohibition, Excise and Registration, Government of Bihar within a period of forty-five days from the date of receipt/production of a copy of the order.

Case Title: Om Prakash Tiwari vs. BCCI & ors. Civil Writ Jurisdiction Case No.1020 of 2023

Appearance :

For the Petitioner/s : Mr. Amit Srivastava, Sr. Advocate : Mr. Girish Pandey, Advocate : Mr. Aryan Sinha, Advocate

For the Respondent/s : Mr. Kumar Manish, SC-5 : Mr. Rayan Srivastava, Advocate : Mr. Raju Giri, Advocate

For the B.C.A. : Mr. Santosh Kumar Mishra, Advocate : Mr. Harsh Vardhan, Advocate

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