Udayshankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7152 of 2020 ====================================================== Udayshankar Singh Son of Shyamdhar Singh, Resident of Village-Khoraitha, P.S.-Bikram, District-Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Urban Development and Housing Department, Government of Bihar, New Secretariat Building,Patna. 2.

The Secretary, BIhar State Election Commission, Bihar, Patna. 3.

The District Electoral Officer Cum District Magistrate, Patna. 4.

The Sub Divisional Officer, Paliganj.

5.

The Chief Executive Officer, Bikram Nagar Panchayat, Bikram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioner and the State.

The petitioner has approached this Court for a direction to the respondents to fix a date for taking oath and affirmation of the elected Councilors of Bikram Nagar Panchyat. The election was held on 23.02.2020 and the Councilors have been elected on 25.02.2020.

Learned counsel for the petitioner submits that identical issue was adjudicated by this Court in CWJC No. 5700 of 2020 which was disposed of on 27.05.2020. The relevant part of the order reads as under:-

Patna High Court CWJC No.7152 of 2020(2) dt.17-08-2020 2/2 "Having heard the parties, in my considered opinion, no purpose would be served in keeping the writ application pending.

Accordingly, I direct the respondent no. 3the District Electoral Officer-cum- District Magistrate, Patna to fix a date of taking oath and affirmation ceremony of Ward Councilors of 15 Wards of Naubatpur Nagar Panchyat as also holding election of Chief Councilor and Deputy Chief Councilor within a period of three weeks from the date of receipt/production of a copy of this order before him. It is relevant to mention here that all the processes shall be done in strict compliance of norms of the social distancing and/or the guidelines issued by the Government of Bihar in this regard from time to time."

In order to maintain consistency, the present writ petition is disposed of in similar terms with the direction to the respondent no. 3 to take appropriate action within a period of 15 days from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) spandey/- U