Sanjay Kumar v. The Bihar State Election Commission And ORS

Patna High Court CWJC No.6773 of 2013 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6773 of 2013 ====================================================== Sanjay Kumar, Son of Late Bulkan Prasad, Resident of Maa Dulari Kunj, Bhanwar Pokhar, behind the Pakkakuan, PS - Pirbahore, Post - Bankipore, District - Patna, Bihar.

.... .... Petitioner/s

Versus

1. The Bihar State Election Commission, Birchand Patel Road, Patna through its Secretary.

2. The Election Commissioner, Bihar State Election Commission, Birchand Patel Road, Patna.

3. The Secretary, Bihar State Election Commission, Birchand Patel Road, Patna.

4. The Section Officer, State Election Commission, Bihar.

5. The State of Bihar through Senior Superintendent of Police, Patna.

6. Sri Afzal Imam, Son of Mr. Sahabuddin presently holding the chair of Mayor, Patna, Patna Municipal Corporation, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Pratap Singh For the Respondent-State : AC to AAG-9 For the respondent-SEC : Mr. Amit Shrivastava Mr. Girish Pandey For the private Respondent : Mr. S.B.K. Manglam ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-09-2015 Learned counsel for the parties are present.

The petitioner seeks to question the election of the private respondent on grounds of eligibility. Mr. Gajendra Pratap Singh, learned counsel appearing for the petitioner even though very sanguinely espouses the cause but fairly admits that the forum for such adjudication would be under the provisions of the Bihar Municipal Act before the appropriate forum.

In the circumstances, this writ petition is disposed of preserving liberty to the petitioner to exhaust the remedy so available to him in law.

(Jyoti Saran, J) SKPathak/- U