Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1704 of 2024 ====================================================== Sonu Kumar Singh Son of Ramyan Singh, Resident of Purab Tola, Arak, Ward no.- 7, near Post Office, P.S.- Krishnabrahm, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3.

The Director, Panchayati Raj Directorate, Bihar, Patna. 4.

The District Magistrate, Buxar.

5.

The District Panchayat Election Officer, Zila Parishad, Buxar. 6.

The State Election Commission, through its Secretary, Mangles Road, Patna. 7.

The Chief Election Commissioner, State Election Commission, Mangels Road, Patna.

8.

Saroj Devi, W/o Parmanand Yadav, Resident of Village and P.O.- Chakki, P.S.- Brahampur, District- Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Sarvesh Kumar, GP 14 For the SEC :

Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2024 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Ravi Ranjan, representing the State Election Commission, Bihar, Patna and Mr. Sarvesh Kumar appearing for the State.

2. The present writ petition has been been preferred for the grant of following reliefs:- "(i) For issuance of direction/writ/order to the Respondents to hold and declare the membership of respondent no.8 of Zila Parishad, Part 12, Buxar as null and void on the ground that she

Patna High Court CWJC No.1704 of 2024(3) dt.13-08-2024 2/2 was a Government Contractor, on the date when she filed her nomination, she was in position to earn profit from government department and this disqualifies her from becoming a member of Zila Parishad, under 136 of Bihar Panchayat Raj Act 2006.

(ii) For issuance of an appropriate writ/order/ direction to the respondents to declare the petitioner as successful candidate who was second in number in counting of votes for Zila Parishad Part 12, Chakki, Buxar, on the ground that had nomination of return candidate namely Saroj Devi been rejected, the petitioner would have been successful."

3. After some argument, learned counsel for the petitioner submits that he will approach the appropriate authority for the redressal of his grievance.

4. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U