Vikash Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19314 of 2014 ====================================================== Vikash Prasad Singh, Son of Late Dashrath Singh, Resident of Village- Kaira Kada, P.S. - Khaira, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The Commissioner, Munger Division, Munger.

4. The District Magistrate, Jamui.

5. The Deputy Development Commissioner, Jamui -cum- Chief Executive Officer, Zila Parishad, Jamui.

6. The State Election Commission through the Secretary, 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna.

7. Sri Rajendra Yadav, Son of not known to the Petitioner Presently Chairman, Zila Parishad, Jamui, P.O. and P.S. Jamui, District- Jamui.

8. Smt. Badmaiya Devi, Wife of not known to the Petitioner Presently Chairman, Zila Parishad, Jamui, P.O. and P.S. Jamui, District- Jamui.

9. Sri Brahmdeo Rawat, Son of Late Yamuna Rawat.

10. Sri Suresh Ram, Son of not known to the Petitioner

11. Sri Kailash Yadav, Son of not known to the Petitioner

12. Sri Vijay Kant Vesara, Son of not known to the Petitioner

13. Sri Mundeo Manjhi, Son of not known to the Petitioner

14. Sri Visheshwar Manjhi, Son of not known to the Petitioner

15. Smt. Ganga Devi, Wife of not known to the Petitioner

16. Smt. Pallavi Devi, Wife of not known to the Petitioner

17. Smt. Kanti Devi, Wife of not known to the Petitioner

18. Kumari Shyama Pandey, Wife of not known to the Petitioner

19. Smt. Sunita Patel, Wife of not known to the Petitioner

20. Smt. Gulnaz Khatoon, Wife of not known to the Petitioner

21. Smt. Dulari Devi, Wife of not known to the Petitioner

22. Smt. Sangeeta Devi, Wife of not known to the Petitioner

23. Smt. Savitir Devi, Wife of not known to the Petitioner

24. Smt. Janki Devi, Wife of not known to the Petitioner

25. Smt. Dhaneshwari Devi, Wife of kot known to the Petitioner. Respondet Nos. 9 to 25 are the Members of Zila Parishad, Jamui, through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Jamui, P.O. + P.S. and District - Jamui. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ranjeet Sinha Mr. Prakash Kumar For the Respondent-State : Mr. Md. Raisul Haque,SC-4 For the Respondent-SEC : Mr. Amit Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2016 Mr. Ranjeet Sinha, learned counsel appearing for the petitioner, counsel for the State and Mr. Girish Pandey, learned

Patna High Court CWJC No.19314 of 2014 (2) dt.11-02-2016 counsel appearing for the State Election Commission are present and have been heard.

The petitioner questions the election of the respondent no.7 as Chairman, Zila Parishad, Jamui. The ground taken is that he has criminal case behind him. The petitioner having contested the post of Chairman, Zila Parishad along with the respondent no.7 and having lost the contest he is now questioning the very eligibility of the respondent no.7 to be elected as a Member of the Zila Parishad, inter alia, on grounds that there is a criminal case behind him in which he was declared absconder which he does not disclose. Apparently the petitioner is trying to raise an issue of eligibility of the respondent no.7 to contest the election as a Member of the Zila Parishad itself.

In the nature of the grievance so raised and in view of the provisions underlying section 137 of the Bihar Panchayat Raj Act, 2006 read with 'the Rules' framed thereunder the forum for the petitioner lies elsewhere and not in writ jurisdiction.

The writ petition is accordingly disposed of. (Jyoti Saran, J) SKPathak/- U