IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1584 of 2009 1. THE BIHAR STATE ELECTION AUTHORITY, BARRACK NO- 11. OLD SECRETARIAT, PATNA THROUGH ITS SECRETARY 2. THE SECRETARY, BIHAR STATE ELECTION AUTHORITY BARRACK NO- 11. OLD SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY, BIHAR STATE ELECTION AUTHORITY BARRACK NO- 11. OLD SECRETARIAT, PATNA ........appellants Versus 1. ANAND KUMAR GUPTA S/O LATE PANDIT PRASAD GUPTA VILL MACCHHARGAWAN, P.S.YOGAPATTI, DISTT-WEST CHAMPARAN 2. AKHILESH KUMAR GUPTA S/O YOGENDRA PRASAD VILL MACCHHARGAWAN, DISTT-WEST CHAMPARAN 3. SINDHU PANDEY W/O ARVIND PANDEY VILL BELBANWA, P.S.YOGAPATTI, DISTT-WEST CHAMPARAN 4. PRADEEP KUMAR S/O SRI RAGHAV PRASAD VILL MACCHHARGAWAN, P.S.MACCHHARGAWAN, DISTT-WEST CHAMPARAN 5. MITHILESH KUMAR SINGH S/O LATE BADAN SINGH VILL MACCHHARGAWAN, P.S.MACCHHARGAWAN, DISTT-WEST CHAMPARAN 6. THE DISTRICT MAGISTRATE -CUM -DISTRICT ELECTION OFFICER (CO- OPERATIVE SOCIETIES) DISTT-WEST CHAMPARAN, BETTIAH 7. THE BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER/RETURNING OFFICER (CO-OPERATIVE SOCIETIES) YOGAPATTI, BLOCK, DISTT-WEST CHAMPARAN ..........respondents With LPA No.1609 of 2009 1. THE BIHAR STATE ELECTION ATHORITY THROUGH ITS SECRETARY, BARRACK NO. 11, OLD SECRETARIAT, PATNA 2. THE SECRETARY, BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY, BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA ...........appellants Versus 1. ANIRUDH YADAV S/O MANLAL YADAV VILL- GOLAGHAT DUMRI, P.S- YOGAPATTI, DISTT- WEST CHAMPARAN 2. BINDESHWARI PANDIT, S/O LATE BIJULI PANDIT B.C., VILL-GOLAGHAT DUMRI, P,S- YOGAPATTI, DISTT- WEST CHAMPARAN 3. DWARIKA PASWAN S/O RAMPATI PASWAN, S.C. VILL. GOLAGHAT DUMRI, P.S YOGAPATTI, DISTT- WEST CHAMPARAN 4. RAM BRIKSHA CHOUDHARY, S/O RAJA CHOUDHARY, VILL. GOLGHATDUMRI, P.S- YOGAPATTI, DISTT- WEST CHAMPARAN 5. JOKHU YADAV, S/O LATE SHIV RATAN YADAV, B.C., VILL. GOLAGHAT DUMARI, P.S-YOGAPATTI, DISTT- WEST CHAMPARAN 2 6. THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER (CO- OPERATIVE SOCIETIES) DISTT. WEST CHAMPARAN, BETTIAH 7. THE BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER/ RETURNING OFFICER (CO-OPERATIVE SOCIETIES) YOGAPATTI BLOCK, DISTT. WEST CHAMPARAN ................respondents With LPA No.1654 of 2009 1. THE BIHAR STATE ELECTION AUTHORITY BARRACK NO. 11, OLD SECRETARIAT, PATNA, THROUGH CHIEF ELECTION OFFICER, N.S. MADHAVAN, S/O AMBADY SHREEDHARAN MENON 2. THE SECRETARY BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA ..........appellants Versus 1. DIPAK KUMAR JHA S/O GYANESHWAR JHA R/O VILL- BARHARWA, P.O. TURHAPATTI, P.S. SIRIAIYA (O.P.), DISTT. WEST CHAMPARAN 2. RANJIT KUMAR JHA S/O SURAAT JHA R/O VILL- TURHAPATTI, P.O. TURHAPATTI, P.S. SIRIAIYA (O.P.), DISTT. WEST CHAMPARAN 3. THE STATE OF BIHAR 4. REGISTRAR CO-OPERATIVE SOCIETY, GOVT. OF BIHAR, PATNA 5. THE DISTRICT ELECTION OFFICER-CUM-DISTRICT MAGISTRATE WEST CHAMPARAN, BETTIAH 6. THE DISTRICT CO-OPERATIVE OFFICER-CUM-DEPUTY ELECTION OFFICER WEST CHAMPARAN, BETTIAH 7. THE D.D.C.-CUM-NODAL OFFICER (PACS) WEST CHAMPARAN, BETTIAH 8. THE BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER CHANPATIA, DISTT. WEST CHAMPARAN ...........respondents ----------- 2 13-01-2010 In these three appeals preferred under Clause 10 of Letters Patent, the Bihar State Election Authority has called in question the legal propriety of the common order passed by the learned Single Judge in writ petitions, i.e., CWJC no. 15218 of 2009, CWJC no. 15219 of 2009 and CWJC no. 15024 of 2009. 3 2. We have heard Mr. K. B. Nath, learned counsel for the appellants and Mr. Kaushal Kumar Jha, learned counsel for the State on the question of admission. 3. Shorn of unnecessary details the basic facts which are requisite to be stated for the purpose of adjudication of the present appeals are that- some writ petitioners were elected as Chairman and some of them were elected as members to the Managing Committee to the respective Primary Agricultural Co-operative Credit Societies. It is not in dispute that elections were declared and certificates were issued. After the election was declared the State Election Authority taking recourse to Section 4 of the Bihar State Election Authority Act, 2008 (hereinafter referred to as the Act) and Rule 22 of Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the Rules) declared the said results as null and void. 4. Learned Single Judge adverted to the Rules 4 and other factual aspects and eventually allowed the writ petitions. 5. Assailing the order Mr. K. B. Nath, learned counsel for the appellants, has contended that the learned Single Judge has committed serious illegality by expressing the view that the State Election Authority has no jurisdiction to overturn the election despite the fact that such a power vests with the State Election Authority in law. Learned counsel has invited our attention to Section 4 of the Act. The said Section reads as follows :- “4. Superintendence, Direction and Control.-(1) The Election Authority shall have power, authority and jurisdiction for exercising superintendence, direction and control of the preparation of electoral rolls for” and conduct of all elections to bodies such as Co-operative Societies, Shiksha Samiti or any other institution, organization, establishment, which may be entrusted to it by the State Government. 2. The conditions of service other than tenure of the Chief Election Officer of the Election Authority shall be such as the State Government may by rules determine. 3. The Government shall, when so requested by the Election Authority, make available to it such officers and staffs as may be necessary for discharge of functions conferred on it under this Act”. 5 6. On a bare reading of the said provision, we are unable to persuade ourselves that the same bestows any power on the Election Authority to cancel the election of an elected candidate. The other provision which has been commended to us is Rule 22 of the Rules. The said Rule reads thus:- “22. (1) subject to nominations by the State Government and/or the Registrar of such number of members to the Managing Committee as prescribed in this Act, Rules and Bye-laws of a registered society, the Managing Committee of the Society shall be constituted: Provided that the election of the members of the Managing Committee and office- bearers thereof shall be held in accordance with the procedure laid down in Rule 21-B to 21-X. (2) the members of the Managing Committee and the office-bearers shall be deemed to have taken over charge immediately after the constitution of the Managing Committee: Provided that the Constitution of the Managing Committee shall not be treated as complete unless and until the elected members together with the ex-officio members, if any, constitute fifty per cent or more of the Managing Committee. (2) The State Government or the Registrar, as the case may be, may nominate all the members of the Managing Committee and the office-bearers thereof on such terms and conditions as may have been prescribed in the bye-laws of the Society”. 6 7. On a careful scanning of the said Rule, we are of the considered opinion that there is nothing in the said Rule which empowers the Bihar State Election Authority to entrench upon after the election is declared and certificate is issued. 8. In view of aforesaid premises, we have no other option but to dismiss these appeals in limine. BKS/- (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)