Patna High CourtCWJC/6690/2017withdrawn

Shankar Kumar v. The State Election Commission Through Its Secretary And ORS

2017-08-16Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6690 of 2017 =========================================================== Shankar Kumar Son of Late Lakshmi Chand Sah, Resident of Mohalla- Amber, P.S.+ P.O.- Sirista, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State Election Commission through its Secretary, Sone Bhawan, Veerchand Patel Marg, Patna.

2. The Joint Secretary, State Election Commission, Sone Bhawan, Veerchand Patel Marg, Patna.

3. The State of Bihar, through its Principal Secretary, Urban and Housing Development Department, Government of Bihar, Patna.

4. The District Magistrate Officer-cum- District Election Officer, Nagar Palika, Nalanda.

5. The Sub- Divisional Officer-cum- Electoral Registration Officer, Nagar Palika Nalanda, Nalanda.

6. The Circle Officer-cum- Assistant Revising Authority, Biharshariff, Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-08-2017 Nobody appears on behalf of the petitioner. Learned counsel for the State and State Election Commission are present.

2. The petitioner has moved the Court for the following reliefs:

" I. For issuance of an appropriate writ in the

Patna High Court CWJC No.6690 of 2017 dt.16-08-2017 2 / 3 nature of CERTIORARI for quashing or setting aside the letter No. 1866, dated 25.04.2017 (Annexure-P/7) issued under signature of Joint Secretary, State Election Commission, Bihar whereby and where under he rejected the proposal/letter dated 19.04.2017 (Annexure-P/6) of the District Magistrate-cum-District Election Officer, Nalanda on the ground that notification of the Municipal Election has been issued on 19.04.2017 itself.

II. For issuance of an appropriate writ in the nature of MANDAMUS for commanding and directing the Respondent Authorities to State Election Commission to accept the recommendation of the District Magistrate-cum-District Election Officer, Nalanda dated 19.04.2017 (Annexure-P/6) vide letter No. 75Mu./Ni. Regarding inclusion/shifting of name of voter list of Ward No. 16 of Nalanda Municipal Corporation in terms of its boundary because the aforesaid recommendation was made by the District Magistrate on the basis of Letter No. 1337, dated 06.07.2017 of the Commission.

III. For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to act upon the report of the District Magistrate-cum-District Election Officer dated 19.04.2017 and report of Revising Authority-cum-Circle Officer, Biharsharif dated 15.04.2017 with regard to inclusion of name in the

Patna High Court CWJC No.6690 of 2017 dt.16-08-2017 3 / 3 voter list of Ward No. 16 of Nalanda Nagar Nigam. IV. For any other relief/reliefs to which the Petitioner deemed entitled into the facts and circumstances of the case."

3. The Court has been informed that elections have already been held and results declared.

4. In such view of the matter, the writ petition stands disposed off as infructuous. However, it shall be open to the petitioner to move before the appropriate forum, in accordance with law, with regard to any grievance relating to such election. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U