Suman Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.9145 of 2016 (2) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9145 of 2016 ====================================================== Suman Devi, wife of Rikhi Deo Panit, resident of Village Majhawalia, Post OfficeMatiari, P.S.- Vijaipur, District- Gopalganj .... .... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna 2.

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna 3.

The State Election Commission, through the State Election Commissioner, Bihar, Patna 4.

The District Magistrate -cum- District Election Officer, Gopalganj 5.

The Sub-Divisional Officer, Hathuwa, Gopalganj 6.

The District Panchayati Raj Officer, Gopalganj 7.

The Block Development Officer -cum- Returning Officer, Vijaipur, Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Himanshu Kumar Akela For the Respondent-State : Mr. Gautam Bose, AAG-8 For the Respondent-SEC : Mr. Amit Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-06-2016 Heard the parties.

The petitioner prays for cancellation of the polling held on booth nos.131 and 132 inter alia on grounds of alleged irregularity. She further prays for stay of counting which has already been held on 26.5.2016.

In the circumstances, where the election as well as counting has already taken place no cause for indulgence is made out in exercise of jurisdiction under Article 226 of the Constitution of India and the petitioner, if so advised, can take recourse to the remedy so available to her under the Bihar Panchayat Raj Act, 2006 and the Bihar Panchayat Election Rules, 2006 framed thereunder.

The writ petition is disposed of accordingly. (Jyoti Saran, J) deepika/- U