Sachitanand Yadav vs State Of Bihar Through The Principal Secretary And Ors

Heard learned counsel for the petitioner; learned AC to GP 22 for the State and learned counsel for the State Election Authority (hereinafter referred to as the 'Authority').

The petitioner has moved the Court for the following reliefs:

"a) For issuance of writ in the nature of mandamus directing/commanding the respondents' authorities to strike out the name of such members from the voter list whose family members i.e. husband and wife are already figuring in the Format Voter List, 2019.

b) Further for direction to the authorities/respondents concerned to strike out the name of members, who admitted in Format Voter List, 2019 as member by the Chairman and Secretary of P.A.C.S. without accepting Form-V and without considering their eligibility under section 7(2) of the Bihar Co-operative Societies Rules, 1959.

c) For further direction to the authority/respondent concerned to debar the Chairman of the concerned P.A.C.S. from making memberships of P.A.C.S. as he had illegally made membership of P.A.C.S. concerned of several members of the one Family with intention to get more vote in his favour in forth coming election, in connivance with the Secretary/BCO of concerned PACS.

d) Any further for direction to the authorities/ respondent concerned to accept the membership of those people only, who made application for membership in time with due process of law.

e) For any other relief/reliefs for which the petitioner is entitled to in accordance with law."

Learned counsel for the Authority produced before the Court Letter No. 1574 dated 09.10.2019, by which revised time schedule has been fixed with regard to final publication of voter list. It was submitted that under the same, opportunity was granted to all persons being aggrieved to file objections from 23.10.2019 to 06.11.2019. It was submitted that the petitioner has not availed the liberty given to file the objection and, thus, the present writ application for all practical purposes has become infructuous as the voter list against which the petitioner had moved was on the basis of the earlier cut-off date 15.07.2019.

In the aforesaid background, the Court finds that the writ petition has become infructuous as it was incumbent upon the petitioner to move before the authorities themselves, at the first instance, when already the time schedule fixed had been modified/extended by them.

In view thereof, the application stands dismissed.

However, it shall be open to the petitioner to move the appropriate forum, as may be available to him, in accordance with law.