IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1090 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 5857 OF 2010 WITH INTERLOCUTORY APPLICATION NO. 6000 OF 2010 WITH INTERLOCUTORY APPLICATION NO. 6001 OF 2010 IN LETTERS PATENT APPEAL No.1090 of 2010 ====================================================== Keshaw Rai, S/o Late Mangal Prasad Rai, R/o Vill Chhitauna, P.O.Chhitauna, P.S.Vijaipur, Distt-Gopalganj, presently Chairman of Primary Agriculture Credit Co-operative Society , Kutia, Block-Vijaipur, Distt-Gopalganj. …. …. Appellant Versus 1. The State Of Bihar, through the Secretary, Co-Operative Department, Government of Bihar, Patna. 2. The Registrar, Co-Operative Societies, Bihar, Patna. 3. The Bihar State Election Authority, Barrack No.11, Old Secretariat, Patna through its Secretary. 4. The Chief Election Officer, Bihar State Election Authority, Barrack No.11, Old Secretariat, Patna. …. …. Respondents-Respondents 5. Umesh Kumar Singh, S/o Late Ram Pravesh Singh, Chairman, the Katihar District Central Co-Operative Bank Ltd., Katihar, P.S.Katihar, Distt-Katihar. 6. Kamal Kishore Singh, S/o Sri Bishwanth Narain Singh, Chairman, The Begusarai Central Co-Operative Bank Ltd., Begusarai, Begusarai, P.S.Begusarai, Distt-Begusarai. 7. Jag Narain Singh, S/o Late Mungeshwar Singh, Chairman, The Aurangabad, District Central Co-Operative Bank Ltd., Aurangabad, P.S.Aurangabad, Distt-Aurangabad. 8. Nagendra Mishra, S/o Sri Dharam Nath Mishra, Director, The Siwan Central Co-Operative Bank Ltd., Siwan, P.S.Siwan, Distt-Siwan - 2 - 9. Satya Narain Singh, S/o Late Vishwanath Singh, Director, Central Co- Operative Bank Ltd., Ara, Tapeshwar Bhawan, Mangal Pandey Path, Ara, P.S.Ara (Town), Distt-Bhojpur(Ara). 10. Raj Mangal Choudhary, S/O Late Thag Choudhary, Director, The Gopalganj Central Co-Operative Bank Ltd., Gopalganj, P.S.Gopalganj, Distt-Gopalganj. …. …. Petitioner-Respondents ============================================== Appearance : For the Appellant : Mr. S.B.K. Mangalam, Advocate For the Respondents : Mr. M.K. Thakur, Advocate ====================================================== CORAM : HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 2. 16.7.2010. Re. Interlocutory Application No. 6001 of 2010 The applicant Keshaw Rai is an elected Chairman of Primary Agriculture Credit Co-Operative Society, Kutia, District-Gopalganj. He seeks leave to challenge the common judgment and order dated 19th April 2010 passed by the learned single Judge in so far as the C.W.J.C. No. 5857 of 2010 filed by the respondent nos. 5 to 10 has been allowed and the election programme for election of the Managing Committee of the District Central Co-Operative Banks declared by the Bihar State Election Authority (hereinafter referred to as “The Authority”) has - 3 - been set aside. Admittedly, the appellant was not a party to the above referred C.W.J.C. No. 5857 of 2010 or any of the other cognate matters. The impugned election programme was announced in the month of March 2010 and the date of polling was scheduled in the month of May 2010. The learned single Judge has by impugned orders set aside the election programme declared by the Authority. In our opinion, in view of the passage of time, the challenge to the order of the learned single Judge has become academic as the due date of election has expired. For the aforesaid reason, without entering into the merits of the Appeal, leave is refused. Interim Application stands disposed of. Consequently, the Letters Patent Appeal No. 1090 of 2010 and the Interlocutory Application Nos.6000 of 2010 and 6001 of 2010 stand disposed of. Pawan/- (R.M. Doshit, CJ) (S. K. Katriar, J)