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Patna High CourtCWJC/431/2022dismissed

Puja Kumari v. The State Of Bihar

2022-08-05Mr. Justice Shailendra Singh,Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.431 of 2022 ====================================================== Puja Kumari, W/o Narendra Kumar Singh, R/o Village-Mujnu, P.S.-Nokha, District-Rohtas (Sasaram).

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, State Election Commission, Govt. of Bihar.

2.

The Chief Executive Officer-cum-Principal Secretary, State Election Commission, Govt. of Bihar, Patna.

3.

The Joint Registrar-cum-Joint Chief Executive Officer, State Election Commission, Govt. of Bihar, Patna.

4.

The Collector-cum-District Magistrate, District-Rohtas. 5.

The Block Development Officer, Block-Nokha, District-Rohtas. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kumar Giri, Advocate For the Respondent-State:

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 05-08-2022 In the present application, the petitioner has prayed for recounting of the votes in connection with the election held for the post of Mukhiya of Block-Nokha, Panchayat-Srikhinda, P.S.-Nokha, District-Rohtas.

2.

The elections are already over.

3.

Section 137 of the Bihar Panchayat Raj Act, 2006 (for short 'the Act of 2006') stipulates in unequivocal terms that the election to any office of a Panchayat or a Gram Katchahry

Patna High Court CWJC No.431 of 2022 dt.05-08-2022 2/2 will not be called in question except by an election petition as prescribed.

4.

In view of the provisions prescribed under Section 137 of the Act of 2006, we are of the considered opinion that the writ petition filed by the petitioner is thoroughly misconceived. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) (Shailendra Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2022 Transmission Date NA