Shashi Ranjan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1045 of 2018 ======================================================
1. Shashi Ranjan Singh, Son of Shatrughan Prasad Singh, Resident of Village- Israin Kala, P.S.- Srinagar, District- Madhepura (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar through the State Election Commissioner, Bihar State Election Commission, Patna.
2. The State Election Commissioner, Bihar State Election Commission, Patna, Bihar.
3. The District Magistrate, Purnea.
4. The Purnea Municipal Corporation through the Municipal Commissioner, Purnea.
5. The Executive Officer Purnea Municipal Corporation, Purnea.
6. Smt. Bibha Kumari, Wife of Jitendra Kumar, Daughter of Shatrudhan Prasad Singh, Chief Councillor of the Purnea Municipal Corporation, P.S.- Sadar, District- Purnea.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam, Adv. For the Respondent/s : Mr. Rakesh Kumar Sharma, A.C. to SC-9 Mr. Amit Shrivastava, Adv.
Mr. Girish Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2018 Mr. S.B.K. Manglam, learned counsel for the petitioner submitted that under some misconception of law a representation was filed before the State Election Commission for removing the Chief Councilor of Purnea Municipal Corporation. He submitted that the petitioner ought to have filed such petition under Section 25(5) of the Bihar Municipal Act, 2007 before the State Government and not before the State Election Commission. He submitted that the writ petition may be disposed of with liberty to the petitioner to file appropriate representation before the State
Patna High Court CWJC No.1045 of 2018 (2) dt.30-01-2018 2/2 Government in terms of Section 25(5) of the Bihar Municipal Act, 2007.
In view of the submissions made above, the writ petition is disposed of with liberty to the petitioner to approach the State Government for the relief prayed in the present writ petition under section 25(5) of the Bihar Municipal Act, 2007. (Ashwani Kumar Singh, J) Pradeep/- U