Sita Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8841 of 2016 ====================================================== Sita Devi wife of Mukesh Singh, R/o-Village Bahsi Saidpur, Post Kadilpur, P.S. Jandaha, District Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna
2. The State Election Commission, Bihar, Patna
3. The District Election Officer cum District Magistrate, Vaishali
4. The District Panchayat Raj Officer, Vaishali
5. The Block Election Officer cum BDO Jandaha, Vaishali .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Ms. Rina Sinha, Adv. For the Respondent/s : Mr. Ritesh Kumar- SC33 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-05-2016 The petitioner complains of irregularities in polling at Booth No. 25, 25(d) and 26 at Upgraded Middle School, Bahasi, Damodar in the district of Vaishali. Ms. Rina Kumari learned counsel for the petitioner while relying upon an F.I.R. instituted by a co-contestant to the post of Mukhiya submits that even the attention of the State Election Commission was invited to the irregularities. She further submits that the concerned authorities were informed by the petitioner on mobile. It is submitted that the cartridges were recovered from around the polling booth. While the alleged occurrence took place at 2.30 P.M. on 28.4.2016, it has been reported to the police following day i.e. 29.4.2016 at 1 P.M. There is thus a delay of almost 24 hours.
Patna High Court CWJC No.8841 of 2016 (2) dt.18-05-2016 2/2 Further although the alleged irregularities happened on 28.4.2016, the petitioner has luxuriously come before this court on 17.5.2016. There is also no complaint of the petitioner on the record of the proceedings rather the complaint at Annexure-1 is by some other person. In the circumstances discussed, no cause for indulgence is warranted and the petitioner if so advised, may take recourse to such other remedy as is available to her under the Bihar Panchayat Raj Act, 2006 and the rules framed thereunder. The writ petition is disposed of.
(Jyoti Saran, J) Bibhash/- U