Arun Kumar Das v. The Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11738 of 2024 ====================================================== Arun Kumar Das Son of Late Mangal Das Resident of Village and P.O.- Mirhatti, P.S.- Sulatanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The Chief Election Commissioner Election Commission, of India, Nirvachan Bhawan, New Delhi.

2.

The State Election Commission of Bihar State Election Commissioner, Bihar, Patna.

3.

The Chief Election Officer, Bihar-7, Sarkar Patel Marg, Mangals Road, Patna.

4.

The District Magistrate cum Returning Officer, Banka Lok shabha Election 2024 of 27- Banka Lok Shabha Constituency, Banka, District- Banka. 5.

The Observer, 37-Banka Parliamentary Constituency, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar No. 1, Advocate For the E.C.I.

:

Mr.Siddhartha Prasad, Advocate For the Respondent No. 2:

Mr. Girijesh Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) That, a writ in the nature of Certiorari be issued for setting aside the illegal, improper, incorrect and unconstitutional order, contained in Letter No.135, dated 05.04.2024, issued by the District Returning Officer of 27Banka Parliamentary Constituency, annexed as Annexure-8 to this Writ petition.

(ii) That, the Respondents be strictly directed to allow the petitioner to contest the Lok Shabha Election, 2024 from Banka Parliamentary Constitution of Bihar, as in his Ist sets of Nomination Paper Column 7(i) is duly

Patna High Court CWJC No.11738 of 2024(2) dt.19-08-2024 2/2 filled up but this nomination paper has been illegally rejected on the ground that this column 7(i) of Nomination paper is not duly filled up.

(iii) That during the pendency of this Writ petition Election 2024 of 27 Banka Lok Shabha Constituency Bihar may kindly be directed to remain stayed.

(iv) That, the Respondents be directed to pay the appropriate cost and compensation to the petitioner for unnecessary mental, physical and economical harassment done by illegal and discriminatory acts of the Respondents."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U