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Patna High CourtCWJC/1523/2022disposed

Md. Saifullah @ Saifullah v. The State Of Bihar

2024-08-13Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1523 of 2022 ====================================================== Md. Saifullah @ Saifullah Son of Avid Hussain, Resident of Village - Bauram, P.S. Jamalpur, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Election Commission, State Election Commission, Bihar, Patna.

2.

The District Election Officer (Panchayat) cum District Officer, Darbhanga. 3.

The Block Election Officer (Panchayat) cum Block Development Officer, Gaura Bauram, District - Darbhanga.

4.

Asif Jamal, Son of Shamshe Alam, Resident of Village- Bauram, P.S. - Jamalpur, District - Darbhanga.

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

For the Petitioner/s :

Ms. Vagisha Pragya Vacaknavi, Advocate For the Respondent/s :

Ms.Archana Meenakshee, GP-2 For SEC :

Mr. Ravi Ranjan, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2024 Heard Ms. Vagisha Pragya Vacaknavi, learned counsel for the petitioner and Mr. Ravi Ranjan, representing the State Election Commission as also Ms. Archana Meenakshee, learned GP-2.

2. The present petition has been preferred for issuance of a direction/order or an appropriate writ directing the respondent no.1 to cancel the candidature of Respondent no.4 as well as to set aside the said election in which he won the Panchayat Election for the post of 'Mukhiya', Gram Panchayat Bauram, Block Gaura Bauram within the District of Darbhanga

Patna High Court CWJC No.1523 of 2022(3) dt.13-08-2024 2/2 and respondent no.4 furnished false statement in his nomination form with regard to the criminal antecedent.

3. After some argument, learned counsel for the petitioner fairly submitted that the remedy of the present grievance lies elsewhere and not by filing writ petition and as such she wants liberty to approach the appropriate authority.

4. Appreciating the stand taken by her and granting said liberty, the writ petition stands disposed of. (Rajiv Roy, J) Ravi/- U