Shambhu Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13948 of 2005 =========================================================== Shambhu Prasad Singh son of late Haribansh Narayan Singh resident of village Kathaura, P.O. Jahangira Tola, P.S. and District Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar
2. the State Election Commission, Bihar, Patna through its Commissioner
3. The District Electoral Officer (Panchayat)-cum-Collector, Khagaria
4. The Block Electoral Officer (Panchayat)-cum-Block Development Officer, Khagaria .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Adv. Mr. Kumar Praveen, Adv.
For the Respondent/s : Mr. Sanjeev Nikesh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 06-11-2015 None appears on behalf of the petitioner.
Learned counsel for the State and Mr. Sanjeev Nikesh learned counsel for the State Election Commission are present. The petitioner in this writ petition has questioned the order dated 30.9.2005 passed by Munsif, Khagaria in Election Petition No.2 of 2001 whereby the election petition filed by the private respondent has been allowed and the election petition to the post of Mukhiya has been set aside and reelection has been directed. Mr. Nikesh learned counsel for the State Election Commission informs that the election was held in 2001 and no sooner thereafter the election petition was filed questioning the election of the writ petitioner by the private respondent No.5 and which has been allowed
Patna High Court CWJC No.13948 of 2005 dt.06-11-2015 2/2 by the impugned order passed on 30.9.2005. He submits that the tenure of Mukhiya expired in 2006 and thus the writ petition which was admitted on 31.1.2006 has been rendered infructuous by passage of time.
Considering the circumstances and the submissions of learned counsel the writ petition is dispose of as having become infructuous. (Jyoti Saran, J) Bibhash/- U