Anil Sharma v. The State Election Commission Panchayat And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1429 of 2017 =========================================================== Anil Sharma, Son of Late Bachchu Singh, Resident of village and P.O. Jalalpur, P.S. Marachhi District - Patna.

.... .... Petitioner/s

Versus

1. The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.

2. The State Election Commissioner, The State Election Commission (Panchayat ), Sone Bhawan, Birchand Patel Path, Patna.

3. The District Magistrate-cum-District Election Officer (Panchayat), Patna, District - Patna.

4. The District Panchayat Raj Officer, Patna, District - Patna.

5. Neha Kumari, Daughter of Pramod Kumar, Resident of village - Nauranga, P.O. Jalalpur, P.S. Marachhi, District - Patna, Presently Mukhiya of Gram Panchayat Raj, Nauranga Jalalpur, Block - Mokama, District - Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. S. B. K. Mangalam, Advocate For the State :

Mr. Manish Kumar, A.C. to A.A.G. 6 For the SEC :

Mr. Amit Shrivastava and Mr. Girish Pandey, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-03-2017 Heard learned counsel for the petitioner, State and the State Election Commission.

The petitioner has moved the Court seeking a direction to the State Election Commission (Panchayat) to dispose off the complaint filed by the petitioner under Section 136 (2) of the Bihar Panchayat Raj Act, 2006 on 01st July, 2016. Learned counsel for the petitioner submitted that the matter is still pending and since it relates to declaring the respondent no. 5 disqualified to hold the post of Mukhiya of Gram

Patna High Court CWJC No.1429 of 2017 dt.06-03-2017 2/2 Panchayat Raj Nauranga Jalalpur under Mokama Block in the District of Patna, the same should be disposed off expeditiously as the person who is otherwise disqualified, is enjoying the fruits of office to which he has illegally been elected. Learned counsel for the respondents do not object. In view thereof, the writ petition stands disposed off with a direction to the State Election Commission (Panchayat) to dispose off the complaint filed by the petitioner in the present matter expeditiously and in any case within four months from the date of receipt/production of a copy of this order before the respondent no. 2.

Learned counsel for the State, who is present, assures the Court that its authorities shall not delay the matter and co-operate with the State Election Commission, as may be required, promptly.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U