Ragini Devi v. The State Election Commission (Panchayat)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1050 of 2020 In Civil Writ Jurisdiction Case No.262 of 2020 ====================================================== Ragini Devi Wife of Sri Avinash Pratap Singh, Resident of Village and P.O. Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. ... ... Petitioner

Versus

1.

The State Election Commission (Panchayat) Sone Bhawan, Birchand Patel Path, Patna through the State Election Commisioner. 2.

The Secretary, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna.

3.

The District Magistrate-Cum-District Election Officer (Panchayat), Rohtas at Sasaram, District-Rohtas at Sasaram. 4.

The Returning Officer, Panchayat Election, 2016, Dawath Block, DistrictRohtas at Sasaram. 5.

The Assistant Returning Oficer, Dawath Block District-Rohtas at Sasaram.

6.

The Block Development Officer, Dawath, District-Rohtas at Sasaram. 7.

Ranjana Kumari (female), Wife of Awadh Bihari Singh Resident of Village and P.O.Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. 8.

Bachchi Devi (Female), Wife of Fateh Bahadur Singh Resident of Village and P.O.Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. 9.

Niru Devi (female), Wife of Prabhu Narayan Singh Resident of Village and P.O. Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. 10.

Tetra Devi (female), Wife of Anil Yadav Resident of Village and P.O.Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. 11.

Lalita Devi Wife of Uday Pratap Singh Resident of Village and P.O.Derhgaon, P.S. Dawath, District-Rohtas at Sasaram. 12.

Sunil Devi (female), Wife of Sanjay Singh Resident of Village Ram Nagar, P.O. Sakari, P.S. Dawath, District-Rohtas at Sasaram. 13.

Indu Devi (female), Wife of Surendra Singh Resident of Village Ram Nagar, P.O. Sakari, P.S. Dawath, District-Rohtas at Sasaram. 14.

Malti Singh (female), Wife of Vinay KUmar, Resident of Village Ram Nagar, P.O. Sakari, P.S. Dawath, District-Rohtas at Sasaram. 15.

Reshma Devi (female), Wife of Krishna Bharti, Resident of Village -Patel Bal, P.O. Hasan Bazar, P.S. Dawath, District-Rohtas at Sasaram. ... ... Opposite Parties

Patna High Court MJC No.1050 of 2020(2) dt.02-07-2020 2/3 ====================================================== Appearance :

For the Petitioner : Mr. Shashi Bhushan Kumar Manglam, Advocate For the Opposite Parties: Mr. Manoj Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioners undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The present application has been filed for restoration of C.W.J.C. No. 262 of 2020 which was dismissed for default for non-compliance of the order dated 09.01.2020.

3. Learned counsel for the petitioner submits that C.W.J.C. No. 262 of 2020 stood dismissed for default in noncompliance with the order dated 09.01.2020 requiring requisites be filed within one week thereof. It is stated that as a matter of fact, requisites were duly filed on 16.01.2020 but the office has mentioned the date of filing as 17.01.2020. In any event and at the highest, there is only one day's delay in compliance with the order of this Court.

4. Let the office verify that requisites were duly filed, and if so, let C.W.J.C. No. 262 of 2020 be restored to its original

Patna High Court MJC No.1050 of 2020(2) dt.02-07-2020 3/3 file. Office to proceed accordingly.

5. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para-1 hereinabove.

(Vikash Jain, J) Ibrar//- U