Hushana Bano v. The State Election Commission And ORS

Patna High Court CWJC No.10110 of 2016 (2) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10110 of 2016 ====================================================== Hushana Bano wife of Ajmat Ali, resident of village Soomarchak, Police Station Mohanpur Panchayat+Post-Ambatari, District-Gaya .... .... Petitioner/s

Versus

1. The State Election Commission, Bihar, Urishan Patel Marg Patna

2. The Secretary Government of Bihar, Patna

3. The District Magistrate, Gaya, D.M. Office, Gaya

4. Sub-Divisional Officer, Sherghati, S.D.M.Sherghati Office, Gaya

5. The Block Development Officer-cum-ARO Mohanpur, District Gaya

6. Dulari Devi wife of Kedar Malakar Souse of Deonandan Prasad Yadav, resident of village Sindhugarh, P.S. Mohanpur, district Gaya

7. K.K. Yadav, Election Supervisor of Mohanpur, Block District Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar No.- 4 For the Respondent/s : Mr. Sheo Shankar Prasad- Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-06-2016 Learned counsel for the petitioner is permitted to remove the defect No.3 during the course of the day. The other defects are ignored for the present.

Heard learned counsel for the parties.

The petitioner questions the election of private respondent No.5 to the post of Mukhiya, Gram Panchayat Ambatari in the district of Gaya. The remedy for the petitioner to question the election of the private respondent is available under the Bihar Panchayat Raj Act and the Election Rules framed thereunder and the writ petitioner if so advised can take recourse to the same. In the circumstances discussed, the writ petition is held misconceived and is disposed of accordingly.

Bibhash/- (Jyoti Saran, J) U