Mohammad Kausar Perwez @ Qusar Parvej v. The Chief Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10422 of 2019 ====================================================== Mohammad Kausar Perwez @ Qusar Parvej, Advocate, Permanent Resident of Village Bhatabari P.S. Bahadur Ganj District- Kishanganj, Bihar, 855101. ... ... Petitioner/s
Versus
1.
The Chief Election Commissioner, Election Commission of India. Nirvachan Bhawan Ashoka Road, New Delhi- 110 001 2.
The Election Commissioner, State Election Commission of Bihar, 3rd Floor, Sone Bhawan, Doraga Rai Path, R-Block Chauraha Beer Chand Patel Path, Patna (Bihar), 800001 3.
District Election Officer (Returning Officer) State Election Commission of Bihar, District Kishanganj, Kishanganj, Patna, Bihar 855107 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr.Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 08-05-2019 The present writ petition has been filed under Sections 80A and 81 of the Representation of the People Act, 1951 read with Article 329(b) of the Constitution of India to quash the Gazette notification dated 19.03.2019 in relation to Bihar in the 2nd phase of Lok Sabha Elections scheduled to be conducted on 18th April, 2019 for 10 Lok Sabha Constituencies of District Kishanganj, 11-Katihar, 12-Purnia, 26-Bhagalpur and 27-Banka, Bihar.
2. None appears on behalf of the petitioner when the matter is called.
3. Learned counsel Mr. Siddhartha Prasad, appearing on
Patna High Court CWJC No.10422 of 2019 dt.08-05-2019 2/2 behalf of the respondent-Election Commission of India submits on instruction that the petitioner had earlier approached the Hon'ble Supreme Court of India in Writ Petition (Civil) No. 404 of 2019 (Mohmmad Kausar Perwez vs. The Chief Election Commissioner, Election Commission of India and Ors.) for the same relief, which was dismissed by order dated 05.04.2019 with the following observation-- " We find no merit in the writ petition. The same is, accordingly, dismissed."
4. Having regard to the stand of the respondents, the writ petition stands dismissed.
(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2019 Transmission Date NA