Illegality In BCA Election: Patna HC Directs District Magistrate To Conclude Enquiry Within 45 Days

The Patna High Court recently directed the Patna District Magistrate to complete an investigation into allegations of illegalities in the Bihar Cricket Association (BCA) elections within 45 days.

A single bench of Justice Satyavrat Verma was hearing a petition asking the District Magistrate of Patna to complete the investigation ordered by the Inspector General of Prohibition, Excise, and Registration of the Government of Bihar into illegalities committed during the elections to the Bihar Cricket Association’s governing body.

The respondents’ (BCCI & Ors) counsel argued that the petitioner or any aggrieved person’s only remedy with regard to the election outcome is to file an election petition before the relevant Trial Court of competent jurisdiction.

In rebuttal, the petitioner’s counsel cited Rule 18 of the Bihar Societies Registration Rules, 2018 and argued that in the event of any dispute arising out of the existence of two rival Governing and/or executive bodies for being the rightful Managing body of the society, the I.G. can ask the District Magistrate to enquire himself or through one of his subordinate officers and to submit a report, inviting all the rival bodies and hear the matter in person and cause re-election of the Governing and/or Executive body to be done in presence of an Observer appointed by the I.G., Registration.

He also claimed that the I.G. Registration had already directed the District Magistrate of Patna to conduct an investigation and submit a report. He claimed that all he was asking for was a directive to the District Magistrate to complete the investigation.

While dismissing the petition, the single bench directed the District Magistrate of Patna to complete the investigation as directed by the Inspector General of Prohibition, Excise, and Registration, Government of Bihar, within 45 days of receipt/production of a copy of the order.