Dhananjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8621 of 2016 ====================================================== Dhananjay Kumar, Son the Late Ugrah Prasad Singh, Resident of VillageDaulatpura, Police Station- Sitamarhi in the district of Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Magadh Division, Gaya.

2. The District Magistrate -cum- District Election Officer, Nawada.

3. The Sub- Divisional Magistrate, Nawada.

4. The Block Development Officer, Narhat.

5. The State Election Commission, Bihar, Patna through its Secretary.

6. The Secretary, State Election Commission, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Ms. Sunita Kumari, A.C. to G.P.-27 For the State E.C. : Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-05-2016 Heard Mr. Sunil Kumar, learned counsel appearing for the petitioner, learned counsel for the State and learned counsel appearing for the State Election Commission.

The petitioner complains of the irregularities committed at Booth No.10 and 11 situated in Primary School Daulatpura Gram Panchayat Pali Khurd in the district of Nawada. According to the petitioner several irregularities were committed at the instance of sitting Mukhiya who along with his supporters was engaged in bogus voting and on protest being made they have been proceeded to gun down one Sunil Kumar Sharma.

Mr. Sunil Kumar, learned counsel appearing for the petitioner with reference to the F.I.R. present at Annexure-2

Patna High Court CWJC No.8621 of 2016 (2) dt.16-05-2016 submits that the said F.I.R. is a confirmation of the offence committed by the sitting Mukhiya namely Sintu Kumar. It is submitted that the petitioner and the villagers have also represented before the District Magistrate -cum- District Election Officer, Nawada, copies of which representations are present at Annexure-3 series.

Having heard learned counsel for the parties and considering the nature of the grievance raised by the petitioner as also reflecting from the representations present at Annexure3 series, I deem it fit and proper to direct the District Magistrate, Nawada -cum- the District Election Officer to consider the grievance raised by the petitioner and pass appropriate orders in accordance with law within a period of one week from today and also accordingly intimate the learned counsel for the State Election Commission. Since this order is passed in presence of Ms. Sunita Kumari, A.C. to G.P.-27 and Mr. Sanjiv Nikesh, learned counsel for the Commission,they shall accordingly intimate the District Magistrate, Nawada - cum- District Election Officer for doing the needful. The writ petition is accordingly disposed of. (Jyoti Saran, J) deepika/- U