Abu Bakar Khan @ Lakhi Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1097 of 2016 Arising out of C.W.J.C. No. 4955 of 2016 =========================================================== Abu Bakar Khan @ Lakhi Khanson of late Hasnat Khan, resident of villageLawabar, P.O.- Barakala, P.S.- Kothi, Prakhand- Imamganj, District- Gaya. .... .... Appellant/s

Versus

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

2. The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Path, Patna

3. The District Magistrate, Gaya-cum- District Election Officer (Panchayati Raj) Gaya.

4. The District Panchayat Officer, Gaya.

5. The Sub- divisional Officer, Sherghati, Gaya.

6. The Block Development Officer, Imamganj, Gaya.

7. The Panchayati Supervisor, Imamganj Block, District- Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Chandra Moleshwar, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 23-06-2017 Delay of 6 days in filing of the appeal is condoned. I.A. No. 4566 of 2016 stands allowed.

Seeking exception to an order dated 31.03.2016 passed by the learned Writ Court in C.W.J.C. No. 4955 of 2016 this appeal has been filed under Clause 10 of the Letters Patent. Matter pertains to election held to the post of Gram Panchayat and Reservation in various constituencies. Based on a

Patna High Court LPA No.1097 of 2016 dt.23-06-2017 2/2 judgment earlier rendered in C.W.J.C. No. 2445 of 2016, the writ petition was dismissed upholding the procedure adopted for reservation and granting liberty to the aggrieved persons to challenge the election by raising an election dispute in accordance to the statute. Once the order passed in C.W.J.C. No. 2445 of 2016 has attained finality and when the petitioners were granted liberty to challenge the election, we find no reason to make any indulgence into the matter now after the elections have been held as per the reservation order. Accordingly, finding no ground, the appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.06.2017 Transmission Date