IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.329 of 2010 SULEKHA DEVI, wife of Sri Bhola Sahni, resident of Village-Ajnauli, P.O.- Barha, P.S.-Bisfi, District-Madhubani. ……..Petitioner. Versus 1. The State Of Bihar 2. The Principal Secretary, Co-operative Department, Government of Bihar, Patna. 3. The Registrar, Co-operative Department, Government of Bihar, Patna. 4. The District Co-operative Officer, Madhubani. 5. The Assistant Registrar, Co-operative Societies, Benipatti Anchal, Benipatti, District-Madhubani. 6. The Co-operative Extension Officer (Head Quarter)-cum-Returning Officer, Bisfi Anchal, Fishermen, Co-operative Societies Limited, Parsauni, District-Madhubani. 7. The Block Co-operative Extension Officer, Bisfi-cum-Assistant Returning Officer, Bisfi, District-Madhubani. …….Respondents. ----------- 02. 08.02.2010 The writ petitioner is aggrieved by the order as contained in Annexure-8 issued from the Office of the Assistant Registrar, Cooperative Society, Benipatti Anchal, Benipatti. By this communication as contained in Memo No. 242 dated 22.12.2009, it is addressed to the Election Officer, Benipatti for the purposes of election of Bispi Anchal, Matashyajivi S.S.L by which the election programme as announced by the same Assistant Registrar on 19.11.2009 has been stayed. By the aforesaid election programme the date for filing nomination papers were fixed on 15.12.2009, Scrutiny on 16.12.2009, publication of nomination on 16.12.2009, objections on 17.12.2009, withdrawal of nomination on 18.12.2009, allotment of symbols on 2 20.12.2009 and voting on 27.12.2009. From the date fixed aforesaid, it would be seen that after allocation of election symbol and all preparations for election having been completed, just before the voting date election has been postponed. The reason given for this is that the Co-operative Society is not furnishing the bye-laws of the Co-operative Society and list of defaulters. With consent of parties, the writ petition itself is being disposed of at this stage. First thing that this Court would like to observe is under what circumstance did the Assistant Registrar, Benipatti fix the election programme. If for conducting the elections the bye-laws of the defaulter list was necessary then why without obtaining the same he announced the election programme. This was clearly a careless negligent on part of the Assistant Registrar. Once he announced the elections and thereafter scrutiny were done then the defaulter’s list became meaningless. Having announced the election suddenly the same very Officer wakes up and stall the election process which is most undesirable state of affairs and unbecoming of an Officer of the rank of Assistant Registrar. Anyhow, from the pleadings as made in the writ petition now, it is abundantly clear that in fact bye-laws had already been filed and clearly defaulter’s list or particulars in 3 relation thereto have already been supplied in such a situation, there being no reason now not to hold election. I, therefore direct that election programme would now proceed with a seven days notice for voting on basis of nominations and the election symbols already made pursuant to earlier programme. I direct the Election Officer in respect of the aforesaid Co-operative Society to immediately issue notification in this regards with immediate approval to be granted by the Assistant Registrar of the Co- operative Society, Benipatti. In view of the serious administrative lapses as committed by the Assistant Registrar, Co-operative Society, Benipatti as noticed above, I direct the Registrar Co-operative Society, Bihar to look into the matter and take appropriate disciplinary action against the Assistant Registrar, Co- operative Society, Benipatti so that such lapses are not committed by anyone in future leading to unnecessary complications and litigations. With the aforesaid observation and direction, the writ petition stands disposed off. Let a copy of this order be sent to the Registrar, Co-operative Society, Bihar for necessary communication. Shageer (Navaniti Prasad Singh, J)