IN THE HIGH COURT OF JUDICATURE AT PATNA
(CIVIL WRIT JURISDICTION CASE)
C.W.J.C. No.- ……………………. of 2025
In the matter of an application
under Article 226 of the
Constitution of India.
And
In the matter of: -
Mithlesh Prasad Singh, Male, aged about- __ Years, Son of Ramswaroop
Singh, resident of Village- Kuhila, Police Station- Akbarpur, District-
Nawada. ..........Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna, Bihar.
2. The State Election Commission, Bihar, through its Secretary, Patna, Bihar.
3. The District Cooperative Officer, Nawada, Bihar.
4. The Block Cooperative Officer cum Electoral Officer, PACS- Pnthi,
Block- Akbarpur, Nawada, Bihar.
............Respondents
To,
The Hon’ble Mr. Justice K. Vinod Chandran, the Chief Justice of
the High Court of Judicature at Patna and his companion Justices
of the said Hon’ble Court.
The humble petition on behalf of the
petitioner above named.
MOST RESPECTFULLY SHOWETH
1. That the present writ application is being preferred on behalf of the above-
named Petitioner invoking the writ jurisdiction before this Hon’ble court
for the following reliefs: -
(i) To issue a writ of Mandamus commanding and directing the respondent
authorities concerned to take immediate action to rectify the irregularities
in the voter list for the Pnthi Pacs election in Akbarpur block.
(ii) To issue a writ of Mandamus commanding and directing the respondent
authorities concerned to conduct a thorough review and verification of the
voter list in accordance with the provisions of the Bihar Cooperative
Societies Act, 1935 and the rules framed thereunder.
(iii) And/or for any other relief or reliefs to which the petitioner may be found
entitled to in course of hearing of this writ application.
2. That the petitioner has not moved any other application for the reliefs
sought hereunder this writ application before this Hon’ble Court or any
other court of law.
3. That the substantial question(s) of law involved in the present writ
application to be determined by this Hon’ble Court are as follows: -
(i) Whether or not, the Respondents authorities concerned, have failed in
their statutory duty to prepare an accurate and error-free voter list for the
PACS election.
(ii) Whether or not, the inaction of the Respondent authorities violates the
fundamental rights of the petitioner under Article 14, 19 and 21 of the
Constitution of India.
(iii) Whether or not, the act of the respondents is absolutely illegal, void and
unreasonable against the settled principles of law as well as judicial
precedents.
4. That petitioner is bonafide citizen of this country residing at the above-
mentioned address, is well within the territorial jurisdiction of this
Hon’ble Court.
5. That the petitioner is a member of the Pnthi PACS and the respondent
authorities, particularly respondent no. 3 and 4, at the time of preparing
the voter list, committed several irregularities for giving benefit to some
individuals for supporting them in the participation of the PACS Election-
2024.
6. That in the year 2019, a total of 1700 persons were members in the said
PACS; therefore, the voter list has been prepared, and all the persons have
been made voters, and a voter list has been published. (The petitioner
seeks liberty to produce the voter list of the year 2019 at the time of the
hearing of this writ application or as and when the Hon’ble Court requires
it.)
7. That in the election process of 2024 has been started, then once again the
authority started preparation of the voter list, and without conducting any
procedure like conducting a general meeting as well as without
considering the present status of the member of the PACS, the voter list
has been prepared, and the same has been issued. (The petitioner seeks
liberty to produce the voter list of the year 2024 at the time of the hearing
of this writ application or as and when the Hon’ble Court requires.)
8. That in the present voter list of the year 2024, 29 persons who were
members in the 2019 voter list had their names deleted on the ground that
they were dead even though they were alive, and arbitrarily removed the
names of 140 other members without any prior notice. The affected
members whose names were removed submitted their representation
before the collector and the other authorities, giving details of the persons
whose names have been deleted on the aforesaid ground or whose names
have been removed from the voter list without any prior notice. However,
the authorities published the final voter list of the year 2024 without
addressing these objections.
9. That when the petitioner requested a copy of the order passed regarding
the objections from the Block Cooperative Officer cum Electoral Officer,
Akbarpur, the officer refused and stated that the objections were rejected
on the instructions of the District Cooperative Officer, Nawada.
10. That on 27.11.2024, the petitioner submitted an application to the Chief
Election Authority, Bihar State Election Authority stating therein the
irregularities committed in preparation of the voter list of the year 2024 at
Pnthi PACS.
The photocopy of the application
submitted by the petitioner to the
Chief Election Authority is being
annexed herewith and marked as
Annexure-P/1 to this writ
application.
11. That through letter no. 1559/Patna, dated 30.11.2024, the Bihar State
Election Authority sought a report from the District Cooperative Officer
within 3 days about the irregularities committed in preparing the voter list
of 2024, but till now no inquiry report has been submitted by the District
Cooperative Officer.
The photocopy of the letter
bearing letter no. 1559/Patna dated
30.11.2024 is being annexed
herewith and marked as
Annexure-P/2 to this writ
application.
12. That it is submitted here that there is a strict guideline of the Bihar
Election Authority that at the time of preparation of the voter list, the
concerned authority will take care, and after meeting from the
management committee, the voter list shall be prepared. The Block
Cooperative Officer, without consent and without proper inquiry, has
deleted the names of several voters on the ground that they died or they
are removed from the present voter list without any prior notice. Even
after receiving the information about deaths or removals, no inquiry has
been made by the Block Cooperative Officer about the current status of
those persons. At the time of objection, those persons complained before
the Block Cooperative Officer that they were alive, but the Block
Cooperative Officer, without considering the same electoral roll, has been
published.
13. That in the aforesaid circumstances, the petitioner and the other persons
have apprehension that no fair election has been possible, as the Block
Cooperative Officer, in collusion with some individuals’ irregularities, has
been committed by publishing the electoral roll by deleting the names of
the hundred members who were voters in the 2019 election, and their
names have been mentioned in the voter list.
14. That it is submitted here that the election authorities are bound to conduct
fair election. In manner in which the Block Cooperative Officer prepared
the present voter list the aim and object of conducting a fair election of the
PACS is not possible.
15. That it is, humbly stated and submitted that, the actions of the respondent
authorities are absolutely unreasonable and against the settled principles of
law as well as judicial precedents.
16. That the petitioner left with no other remedies and recourses are
constrained to prefer this instant writ petition before this Hon’ble Court
for the redressal of their grievances.
17. The petitioners have no other alternative efficacious remedy other than to
approach this Hon’ble Court under its original writ jurisdiction.
18. That it is, therefore, prayed that your
Lordships may graciously be
pleased to admit this writ
application, issue Rule NISI to the
respondents concerned asking
them show-cause as to why the
reliefs sought for by the Petitioner
be not granted and after hearing the
parties be further pleased to allow
this writ application in terms of
prayer made in Paragraph No. 1
above.
And/or
Be further pleased to pass such
other order or orders as your
Lordships may deem fit and proper
under the facts and circumstances
of the case.
And for this, the petitioner shall ever pray.
AFFIDAVIT
I, Mithlesh Prasad Singh, Male, aged about- __ Years, Son of Ramswaroop
Singh, resident of Village- Kuhila, Police Station- Akbarpur, District- Nawada
do hereby solemnly affirm and state as follows: -
1. That I am the petitioner in this case and as such I am well acquainted with
the facts and circumstances of the case.
2. That I have gone through the contents of this writ application and have
fully understood the same the statements made in Paragraph Nos.-
___________________________ are true to the best of my knowledge
and those made in Paragraphs Nos.- _____________________________
are true to my information derived from the records of this case and rest
are by way of submission before this Hon’ble Court.
3. That the annexures are true photo/type copies of their respective original.
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CIVIL WRIT JURISDICTION CASE)
C.W.J.C. No.- ……………………. of 2025
Mithlesh Prasad Singh …Petitioner
Versus
The state of Bihar and others …Respondents
Subject: - _____________________
INDEX
S.No. Particulars Page No.
1. Petition Under Article 226 of the Constitution of
India.
2. Annexure-P/1 The photocopy of the application
submitted by the petitioner to the Chief
Election Authority.
3. Annexure-P/2 The photocopy of the letter bearing
letter no. 1559/Patna dated 30.11.2024.
4. VAKALATNAMA.
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CIVIL WRIT JURISDICTION CASE)
C.W.J.C. No.- ……………………. of 2025
Mithlesh Prasad Singh …Petitioner
Versus
The state of Bihar and others …Respondents
SYNOPSIS
Prayer: - That the present writ application is being preferred on behalf of the
above-named Petitioner invoking the writ jurisdiction before this Hon’ble court
for the following reliefs: -
(i) To issue a writ of Mandamus commanding and directing the respondent
authorities concerned to take immediate action to rectify the irregularities
in the voter list for the Pnthi Pacs election in Akbarpur block.
(ii)To issue a writ of Mandamus commanding and directing the respondent
authorities concerned to conduct a thorough review and verification of the
voter list in accordance with the provisions of the Bihar Cooperative
Societies Act, 1935 and the rules framed thereunder.
(iii) And/or for any other relief or reliefs to which the petitioner may be found
entitled to in course of hearing of this writ application.
DATES AND EVENTS WITH FACTS
2019 Voter list prepared with 1700 members for the PACS
Election.
2024 Election process for the 2024 PACS election begins.
27.11.2024 Petitioner submitted an application to the Chief Election
Authority regarding irregularities in the voter list.
(Annexure-P/1)
30.11.2024 Bihar State Election Authority sought a report from the
District Cooperative Officer on the irregularities within
three days. (Annexure-P/2)
HENCE THIS WRIT APPLICATION.
