Salan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2266 of 2024 ====================================================== Salan Kumar Mahto Son of Late Raghunath Mahto, resident of Village and P.O. - Champawati, P.S. Sarsi, District - Purnea (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Purnea. 2.

The District Magistrate, Purnea.

3.

The Sub-Divisional Magistrate, Dhamdaha, District - Purnea. 4.

The Block Development Officer, Dhamdaha, District - Purnea. 5.

Sri Sanjay Kumar Jha, S/o Late Bisheshwar Jha, resident of Village and P.O. - Champawati, P.S. Sarsi, District - Purnea.

6.

Sri Anmol Kumar, Son of Late Hrideshwari Prasad Yadav, resident of Village - Kishan Toli, P.O. - Champawati, P.S. - Sarsi, District - Purnea. 7.

Sri Amit Kumar, Son of Sri Subodh Mahto, resident of Village - Bela Darabia, P.O. - Champawati, P.S. - Sarsi, District - Purnea. 8.

Nitu Devi, Wife of Sri Sikandar Yadav, resident of Village- Balu Tol, P.O. - Champawati, P.S. Sarsi, District - Purnea.

9.

Maheshwar Yadav, Son of Late La Chand Yadav, resident of Village- Bela Ghat Champawati, P.O. Champawati, P.S. - Sarsi, District - Purnea. 10.

Mohan Sah, Son of Sri Satya Narayan Sah, resident of Village and P.O.- Champawati, P.S. Sarsi, District- Purnea.

11.

Suresh Yadav, Son of Late Hulash Yadav, resident of Village- Balu Tol, P.O. - Champawati, P.S. - Sarsi, District - Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Koushlendra Narayan, Adv.

Mr. Sushil Kumar Singh, Adv.

For the Respondent/s :

Mr. Sanjay Kumar, (AC to GP-17) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2024 Heard the parties.

2. The present writ petition has been filed for issuance of a writ in the nature of mandamus or any other appropriate writ for commanding the respondents to expedite the trial of Misc. (Election) Case No. 05 of 2021as early as possible, which

Patna High Court CWJC No. 2266 of 2024(2) dt.02-07-2024 2/3 has been preferred by the petitioner seeking relief(s) for declaration that the O.P. No. 4 Shri Sanjay Kumar Jha, Respondent No. 5 in this case in concert and conspiracy with Respondent No. 3 and 4 has used corrupt practices in the counting of votes for the post of Mukhiya of the Gram Panchayat, Champawati, in which Respondent No. 5 has been wrongly and illegally declared elected as Mukhiya of the Gram Panchayat Champawati for the tenure 2021 to 2026 and further to set aside the result of aforesaid election of Mukhiya and Further the petitioner has sought for some other relief(s) also. And such petition is still pending before the Court of Ld. Munsif cum Election Tribunal, Bihar, Dhamdaha, Purnea for proper adjudication and just decision.

3. Another case before this Court is for disposal of a case. In this case, a Misc. (Election) Case No. 05 of 2021 is pending before the Court of learned Munsif-Cum-Election Tribunal Bihar, Dhamdaha, Purnea.

4. The case of the petitioner is that despite passage of three years, the same has not been taken to its final stage.

5. In view of the limited prayer, the present writ petition stands disposed of with the direction to the concerned Court to take up the Misc. (Election) Case No. 05 of 2021

Patna High Court CWJC No. 2266 of 2024(2) dt.02-07-2024 3/3 immediately, if not disposed of and take the same to its logical conclusion preferably by 31st December, 2024. (Rajiv Roy, J) sadique/- U