Patna High CourtL.P.A/551/2016dismissed

Nathuni Gareri v. The State Of Bihar And ORS

2016-11-10Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.551 of 2016 Arising out of Civil Writ Jurisdiction Case No. 187 of 2016 ======================================================

1. Nathuni Gareri S/o Late Jage Gareri, R/o Vill- Simri Goth P.S. Rajnagar Dist Madhubani .... Petitioner-Appellant

Versus

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

2. The Joint Director-cum-Joint Secretary, Panchayati Raj Department, Bihar, Patna

3. The District Magistrate, Madhubani

4. The District Panchayati Raj Officer, Madhubani.

5. The Block Development Officer, Rajnagar, Madhubani

6. The State Election Commission, Bihar through the Secretary, R-Block, Patna .... Respondents-Respondents ====================================================== Appearance :

For the Appellant : Mr. Ram Shankar Das, Adv. For the State : Mr. Durgesh Nandan, XIV For the Election : M/S Amit Shrivastava & Grish Pandey, Advs. Commission ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 10-11-2016 The challenge in the present appeal is to an order passed by the learned single Judge on 18.01.2016, whereby it was found that discrepancies pointed out by the writ applicant has since been rectified and nothing subsists in the writ petition. The grievance of the petitioner-appellant was in respect of ward wise population list in respect of Simri Panchayat under the block Rajnagar of Madhubani district. During the pendency of the writ application, gazette notification was published and thereafter, the elections have been conducted and the result declared.

In view of the said fact, any mistakes in the ward wise list, can not be disputed in the writ jurisdiction of this Court.

Patna High Court LPA No.551 of 2016 (2) dt.10-11-2016 If the petitioner-appellant is still aggrieved against the conduct of the election; publication of gazette notification; declaration of the result or ward wise list he has an alternative remedy of election petition.

In view of the above, the present appeal is dismissed. (Hemant Gupta, ACJ) (Ahsanuddin Amanullah, J) SA/- U T