IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13595 of 2009 UDAY PRAKASH CHAUDHARY & ORS Versus THE STATE OF BIHAR & ORS ----------- 07 02.02.2010 A prayer has been made on behalf of the Election Authority of the State pointing out that in the final order dated 12.01.2010 in the last but one paragraph it appears that this Court has made a mistake in directing the correct voters list to be submitted to the District Election Officer. Learned counsel submits that so far as PACS are concerned there is no concept of District Election Officer. He submits that the authority to conduct election is Election Officer, who is the Block Development Officer of the Block in which the PACS operates. This by virtue of a notification issued by the State Election Authority. In my view, one has to refer Rule 21 Y of the Bihar Co-operative Rules as amended by Bihar Co-operative Societies (Amendment) Rules, 2008. A reference to the said Rules would show that the superintendence, direction and control of the elections to the Managing Committee and office bearers of notified societies shall be under the superintendence, direction and control of the Election Authority. Election Authority has been defined as the State Election Authority constituted under Section 3 of the Bihar State Election Authority Act, 2008 which provision has to be read with Section 14 A (i) of the Bihar Co-operative Societies Act, as amended by the Bihar Co-operative Societies - 2 - (Amendment) Act, 2008. Now, if we refer to Rule 21 Y it would be seen that by virtue of Rule 21 Y (b) it is the duty of the State Election Authority to get the voter list prepared and determine programme for such election by virtue of Rule 21 Y (b) (ii). The State Election Authority has to appoint an Election Officer, who is to conduct the election and it is specifically provided that such Officer shall not be below the rank of Sub Divisional Magistrate. Sub Divisional Magistrate has been defined under the Bihar State Election Authority Act, 2008 under Section 2(g) and clearly shows that he is the Magistrate for a particular Sub Division, as notified by the State Government. Thus seen, Block Development Officer has absolutely no authority in this regards and any directions issued by the State Election Authority conferring such powers of Election Officer on such Block Development Officers is wholly inconsistent with the provisions of the Act and the Rules framed thereunder and void ab initio. Thus seen, the voters list would now be sent under the signature of the Secretary of the Co- operative Societies to the State Election Authority, who would publish the same and conduct the elections in accordance with law. The order dated 12.01.2010 is modified to the extent indicated above. Trivedi ( Navaniti Prasad Singh, J. )