IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11644 of 2009 1. KIRAN KUMARI, WIFE OF SR. AJEET KUMAR ADVOCATE, PATNA HIGH COURT PATNA, RESIDENT OF 253, PATLIPUTRA COLONY, P.S. PATLIPUTRA TOWN, DISTRICT PATNA 2. PHULJHARI DEVI WIFE OF SRI BISKTESH RAI, RESIDENT OF VILLAGE KURHARA, BLOCK SADAR, P.S. CHAURI, DISTT. BHOJPUR ….. PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY TO THE GOVERNMENT OF BIHAR, COOPERATIVE DEPARTMENT, BIHAR, PATNA 2. THE REGISTRAR, COOPERATIVE SOCIETIES, BIHAR, VIKASH BHAWAN, NEW SECRETARIAT, PATNA 3. THE BIHAR STATE ELECTION AUTHORITY THROUGH THE CHIEF ELECTION OFFICER, BARRACK, NO.11, OLD SECRETARIAT, PATNA-15 ….. RESPONDENTS. ----------- For the Petitioners : Mr. Nitiranjan Jha, Advocate For Respondent No.2 : Mr. P.K. Shahi, Advocate General For Respondent No.3 : Mr. K.B. Nath, Advocate ---------- 2. 4.9.2009 Heard Mr. Nitiranjan Jha, Advocate for the petitioner and Mr. P.K.Shahi, Advocate General for respondent no.2 and Mr. K.B.Nath, Advocate for respondent no.3. This writ petition has been filed in purported Public Interest by a practicing Advocate of Patna High Court praying that the ensuing election for the Primary Agriculture Co-operative Societies (PACS), notified as per notification dated 23.7.2009, should be stopped and election should be held at a future date merely on the ground that the voters’ lists are not prepared properly and further on the ground that the time frame of counting votes as per Rule 21-X of Bihar Co-operative Societies Rules has not been complied with. A similar writ petition has been filed by a social 2 worker in C.W.J.C.No.9652 of 2009. The Division Bench of the High Court has disposed of the writ petition and while considering the submissions has observed that it would not proper to stop the election at this stage as in the opinion of the Division Bench, public interest primarily requires that the election should be held without any delay. It had been stated therein that in case of legitimate grievance of the petitioner or any other effected persons such question can be always raised after completion of the election. We do not think that it would be appropriate to go into the questions now raised when the election process has already commenced and, in fact, election has already been held in respect of the several PACS. In this view of the matter, we are not inclined to interfere with the matter at this stage. However, it would be open to the aggrieved person to raise his legitimate grievance at an appropriate time. This writ application is accordingly disposed of. Narendra/ ( P. K. Misra, CJ. ) ( Anjana Prakash, J. )