IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9651 of 2009 1. AKSHAY KUMAR S/O SHRI BAID NATH PRASAD, R/O VILLAGE- DULAHPUR, P.O.- DULAHPUR, BLOCK-SIMRI, P.S.-SIMRI, DISTRICT-BUXAR, PANCHAYAT-DULAHPUR. 2. JANGALI YADAV, S/O LATE RAM NARAYAN YADAV @THATRI YADAV, R/O VILLAGE- KHANDHRAH PANCHAYAT+P.O.- DULAHPUR, BLOCK- SIMRI, P.S.- SIMRI, DISTRICT- BUXAR. 3. SANJEEV KUMAR SINGH, S/O LATE JALESHWAR SINGH, R/O VILLAGE+P.O.+PANCHAYAT- DULAHPUR, BLOCK- SIMRI, P.S.- SIMRI, DISTRICT-BUXAR. …………………..PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE REGISTRAR, CO-OPERATIVE SOCIETY, VIKASH BHAWAN, PATNA. 3. THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER, BUXAR. 4. THE DISTRICT CO-OPERATIVE OFFICER, BUXAR. 5. THE BLOCK DEVELOPMENT OPFFICER-CUM-BLOCT ELECTION OFFICER, SIMRI, P.S.- SIMRI, DISTRICT- BUXAR. 6. THE SECRETARY/CHAIRMAN, MANAGING COMMITTEE, DULAHPUR CO-OPERATIVE SOCIETY, P.S.- SIMRI, BLOCK- SIMRI, DISTRICT- BUXAR. 7. CHIEF ELECTION OFFICER, STATE OF BIOHAR, PATNA. (APPOINTED UNDER BIHAR STATE ELECTION AUTHORITIES ACT-2008) …………………..RESPONDENTS. For the petitioner…………………….Mr. Shree Kant Pandey(Advocate) For the Election Authority……………Mr. M. K. Thakur (Advocate) ----------- 3 04-08-2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. This writ petition has been filed by the petitioner for directing the authorities to add names of the petitioners and other similarly situated persons as members in the list of “Primary Agricultural Credit Society” ( in short P.A.C.S) in Panchayat Dulahpur Block- Simri, District- Buxar which is registered under Bihar Co-operative Societies Act VI of 1935. 2 3. On the other hand learned counsel for the respondents submits that the election of PACS has already been held and there is now no occasion for adding the names of the petitioners or other similarly situated persons in the said list of PACS. 4. In the facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file a fresh petition before the authorities concerned for the same relief before the next elections. Accordingly this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. However, if such a representation is filed by the petitioners before the authorities concerned namely Block Development Officer, Simri (respondent no. 5) as provided under the law, prior to the next election, the said authority shall decide the same and pass appropriate orders in accordance with law within four months of the filing of the said application. S.P. (S. N. Hussain, J.)