IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9652 of 2009 SUDHIR KUMAR son of late Mahendra Prasad, resident of Mirzapur Nohatta, PS Fatuha, District Patna, Executive Member of Fatuha Nagrik Samiti, Fatuha, District Patna ……………petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Co-operative Department, Government of Bihar, Patna 3. The Registrar Co-operative Societies, Bihar Patna 4. The Bihar State Election Authority through its Chief Election Officer, Barrack no. 11, old Secretariat, Patna ----------- 2 12-08-2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for State Election Authority. This writ petition has been filed as public interest litigation. The petitioner claims to be a social worker and Executive Member of Fatuha Nagrik Samiti, a society said to be registered under the Societies Registration Act, 1860. The petitioner has objected to holding of the elections for Primary Agriculture Co-operative Societies (PACS) which have been notified vide annexure-11 dated 23-7-09. On behalf of the petitioner it has been submitted that it is not in public interest to allow the holding of elections when the voters list has not been prepared in strict compliance of rules requiring deposit of some money by the intending members of the co-operative societies. According to petitioner for certain classes of oppressed citizens State has undertaken to deposit the required money but the same is yet to be deposited by the State Government. The other objection of the petitioner to the holding of elections is that the rule requires holding of election within 120 2 days of cut- off date, that is, 31-3-2009, but that has already been violated. On behalf of respondents, i.e., the State and the State Election Authority it has been submitted that it is not in public interest to stall the elections already notified on the ground of alleged breach of certain rules as noticed above. It has further been submitted that if State Government has undertaken to deposit money on behalf of members of certain classes, it should be treated as already available in deposit because State Government words cannot be distrusted. It has further been submitted that election was required to be notified within 120 days from the cut- off date and the notification has already been issued within the required time. We are not inclined to go into the aforesaid two submissions at this stage because in our view public interest primarily requires holding of elections without any delay. Whatever be the legitimate grievances of the petitioner or other similarly situated persons, they may raise the same after the elections are held. The writ petition is disposed of. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)