Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3865 of 2020 ====================================================== Bipin Singh Son of Chandeshwar Singh Resident of Village-Madhurapur, P.S. Pipra, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Collector of East Chamaran at Motihari.

4.

The Sub-Divisional Officer at Chakiya, District-East Champaran, Motihari. 5.

The District Election Officer, East Champaran at Motihari. 6.

The Block Development Officer, Block-Chakiya, District-East Champaran. 7.

Mukhiya of Madhurapur Gram Panchayat Raj, Village and P.O.- Madhurapur, P.S.-Pipra, District-East Champaran. 8.

Nageshar Thakur, Son of Late Singhasan Thakur, Ward Member, Ward No.9, Panchayat Madhurapur, P.S.-Pipra, District-East Champaran. 9.

Upendra Singh Son of Late Baccha Singh Resident of Village-Madhurapur, P.S.-Pipra, District-East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Md. N. H. Khan, SC-1 For the State :

Mr. Harun Quereshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-11-2023 None appears on behalf of the petitioner. Mr. Harun Quereshi, learned counsel for the State is present.

2. The petitioner by filing the present writ petition is questioning the selection of respondent no. 8, who was elected to the post of Ward Secretary, Ward No. 9, under the Panchayat of Madhurapur, Block Chakiya, District East Champaran.

3. Further prayer has been made for proper enquiry

Patna High Court CWJC No.3865 of 2020(4) dt.06-11-2023 2/2 regarding the aforesaid selection of the Ward Secretary to the Ward No. 9.

4. A counter affidavit has been filed on behalf of respondent nos. 2 to 4. Learned counsel for the State with reference to the averments made in paragraph no. 5 thereof submits that respondent no. 8 is ward member, duly elected in general election and thus the same cannot be challenged by filling the present writ petition as the remedy is available to the petitioner through the election petition.

5. Considering the submissions made on behalf of the petitioner, the present writ petition stands dismissed. (Harish Kumar, J) supratim/- U