Bishwanath Sahani And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21733 of 2018 ====================================================== 1.
Bishwanath Sahani son of Sri Langat Sahani, Resident of Village- Dulaur, P.O. Pirapur, P.S. Jandaha, District- Vaishali at Hajipur. 2.
Ajay Sahani, son of Sri Musafir Sahani, Resident of Village and P.O. Soharthi, P.S. Jandaha, District- Vaishali at Hajipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The State Election Commission Panchayat through the State Election Commissioner, Sone Bhawan, Birchand Patel Path, Patna 4.
The State Election Commissioner, The State Election Commission Panchayat, Sone Bhawan, Birchand Patel Path, Patna 5.
The Secretary, The State Election Commission Panchayat, Sone Bhawan, Birchand Patel Path, Patna.
6.
The District Election Officer Panchayat, Vaishali at Hajipur, DistrictVaishali at Hajipur. 7.
The Block Development Officer, Jandaha, District- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anita Kumari, Advocate For the Respondent/s :
Mr.Pushkar Narain Shahi- AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court CWJC No.21733 of 2018(2) dt.06-01-2020 2/3 06-01-2020 The petition filed on 05.11.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioners and learned counsel for the respondents.
Petitioners have prayed for the following relief: "(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the respondent authorities to hold the election for the Panchayat Samiti Member of Block Panchayat Samiti, Jandaha in respect of Jandaha Block Panchayat Samiti, Territorial Constituency No. 27 and 31, which has fallen vacant since long on the ground that since there is no representative of these two territorial constituencies of the Panchayat Samiti of the Block, no development work has been undertaken by the Block in these two territorial constituencies from the funds of Block Panchayat Samiti.
(II) For a declaration that if the object behind the election is that the representatives so elected shall represent the cause of its constituency in the Body for which he is elected keeping the post vacant for long for no rhyme or reason is neither the object of the Act nor it is in the larger public interest." Learned counsel for the petitioners states that the elections have already been sanctioned, as such, petitioners do not want to press the present petition, for the same to have become infructuous.
Patna High Court CWJC No.21733 of 2018(2) dt.06-01-2020 3/3 The present petition stands dismissed as having rendered infructuous.
(Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U