Manikant Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.10297 of 2016 (2) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10297 of 2016 ======================================================

1. Manikant Yadav Son of late Newa Lal yadav resident of Village Chakla Maula Nagar (Sameli) Police Station Falka, District Katihar. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Panchayati Raj Department , Government of Bihar, New Secretariat Building , Bailey Road, Patna.

3. The District Magistrate, Katihar, Patna.

4. The Sub-Divisional Officer, Katihar, Bihar,.

5. The Block Development Officer-cum-Returning Officer, Sameli Block, Katihar.

6. The Assistant Returning Officer, Sameli Block Katihar.

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

8. Shri Jai Kant Yadav Son of Mahendra Yadav resident of Village Chakla Maula Nagar (Sameli) Police Station Falka, District Katihar.

9. Saligram Yadav Son of Hari Yadav resident of Village Chakla Maula Nagar (Sameli) Police Station Falka, District Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Respondent/s : Mr. Kinkar Kumar, S.C.27 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-07-2016 None appears on behalf of the petitioner and the State. Mr. Amit Srivastava, learned counsel for the Commission appears and submits that since the election has been held, the challenge to the nomination of respondent no.8 can only be in terms of the provisions underlying Section 137 read with Section 139 of the Bihar Panchyat Raj Act, 2006 and not by a writ petition.

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