IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7262 of 2010 1. Raquibur Rahman S/O Mojubur Rahman R/O Vill.- Babhanoul, P.S. Dauth, Distt.- Rohtas 2. Prabha Shankar Choudhary S/O Late Sukhdeo Chaudhary R/O Vill.- Babhanoul, P.S. Dauth, Distt.- Rohtas Versus 1. The State Of Bihar Through The Secretary Co-Operative Department, Bihar, Patna 2. The Chairman, Bihar State Election Authority 3. The Chief Election Officer, Bihar State Election Authority, Bihar, Patna 4. The Registrar Co-Operative Society, Bihar, Patna 5. The District Magistrate-Cum-District Election Officer, Rohtas 6. The S.D.O. Cum Deputy District Election Officer, Bikramganj Sub Division Of Rohtas 7. The District Co-Operative Officer-Cum-Deputy District Election Officer, Rohtas 8. The B.D.O.-Cum-Election Officer Pacs Dawat Rohtas 9. Godhan Chowbey S/O Munindra Chowbey R/O Vill.- Babhout, P.S. Dawat, Distt.- Rohtas 10. Satendra Kattyan S/O Prakash Chowbey @ Godhan Chowbey R/O Vill.- Babhout, P.S. Dawat, Distt.- Rohtas 11. Surendra Kumar Singh S/O Late Ganeshi Singh R/O Vill.- Babhout, P.S. Dawat, Distt.- Rohtas ----------------- 02/ 29.09.2011 None appears on behalf of the petitioners. Mr. Nasiruddin Hoda Khan, S.C. 18 for the State and Mr. Mukesh Kumar Thakur for the respondent nos. 2 and 3 are present. Mr. Thakur, learned counsel appearing for the election authority submits that the petitioner challenging the election of the private respondent no. 9, Godhan Chowbey, inter alia, on grounds of being disqualified in terms of Rule 23 of the Bihar Co-operative Society Rule framed under the Bihar and Orissa Cooperative Societies Act, 1935 (hereinafter referred to as the ‘Act’), has an 2 alternative remedy available under the provisions of the Bihar State Election Authority Act, 2008, before the Assistant Registrar, Co- operative Society. He submits that in terms of the provision of Rule 21(X) of the Bihar Co-operative Societies Rule, 1959 any dispute relating to election of a Co-operative Society has to be raised through an election petition. In view of the alternative remedy available to the petitioner under the Act of 1935 and the Bihar State Election Authority Act, 2008, the writ petition is disposed of with a liberty to the petitioner to avail of the alternative remedy available to him under law, if he so desires. S.Sb/- (Jyoti Saran, J.)