Patna High CourtCWJC/20110/2014disposed

Jagarnath Sah And ORS v. The State Election Authority And ORS

2016-02-09Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20110 of 2014 ======================================================

1. Jagarnath Sah Son of Late Basudeo Sah Resident of Village - Karari, P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram

2. Kamlakar Prasad, Son of Sri Ramdayal Prasad Resident of Village - Baruan, P.O. - Malwar, P.S. - Shiv Nagar, District - Rohtas at Sasaram

3. Santosh Kumar Singh Son of Sri Munni Ram Singh Resident of Village - Moricup, P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram

4. Sachchidanand Tiwary, Son of Sri Ram Raj Tiwari Resident of Village - Kaupa, P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram

5. Ram Pravesh Singh, Son of Late Ramji Singh Resident of Village - Kajhaw, P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram

6. Dilip Kumar Singh Son of Late Awadh Bihari Singh Resident of Village and P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram .... .... Petitioner/s

Versus

1. The State Election Authority, Bihar, Patna through the Secretary

2. The Chief Election Officer, the State Election Authority, Bihar, Patna

3. The District Election Officer, Rohtas at Sasaram, District - Rohtas at Sasaram

4. The Returning Officer, PACS Election, Shiv Sagar Block-cum-Block Development Officer, Shiv Sagar, District - Rohtas at Sasaram

5. Prithvi Narain Singh Son of Sri Kulbansh Singh Resident of Village - Moricup, P.O. -Nad, P.S. - Shiv Nagar, District - Rohtas at Sasaram .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan, Adv. For the Respondent/s : Mr. Mukesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-02-2016 Learned counsel for the parties are present.

The petitioner instead of challenging the election of the respondent No.5 in a duly constituted election petition has filed a writ petition for the purpose inter alia on grounds of irregularity in counting of votes.

The election dispute being raised after bypassing the

Patna High Court CWJC No.20110 of 2014 (3) dt.09-02-2016 2/2 statutory remedy provided under the Bihar Cooperative Societies Act, 1935 and the Bihar State Election Authority Act, 2008 to question the election of the returned candidate, is misconceived and is disposed of accordingly.

(Jyoti Saran, J) Bibhash/- U