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Patna High CourtCWJC/15443/2014disposed

Keshari Kumar v. The Commissioner State Election Commission And ORS

2015-11-24Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15443 of 2014 ====================================================== Keshari Kumar son of Parash Nath Prasad, resident of Ward No. 7, Galla Mandi, Mirganj, P.S.- Mirganj, District- Gopalganj .... .... Petitioner/s

Versus

1. The Commissioner, State Election Commission, Bihar, Sone Bhawan, Near R Block, Patna

2. The Secretary, State Election Commission, Bihar, Sone Bhawan, Near R Block, Patna

3. The Deputy Secretary, State Election Commission, Bihar, Sone Bhawan, Near R Block, Patna

4. District Magistrate cum District Election Officer (Municipality), Gopalganj

5. Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

6. City Manager, Nagar Panchayat, Mirganj, District- Gopalganj

7. Sri Anand Kumar Yadav son of not known, Ward Councilor, Ward No. 14, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

8. Smt. Mahludan wife of not known, Ward Councilor, Ward No. 1, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

9. Smt. Suman Devi wife of not known, Ward Councilor, Ward No. 3, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

10. Smt. Anita Devi wife of not known, Ward Councilor, Ward No. 5, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

11. Smt. Veena Devi wife of not known, Ward Councilor, Ward No. 6, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

12. Smt. Pooja Devi wife of not known, Ward Councilor, Ward No. 9, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

13. Smt. Sangeeta Devi wife of not known, Ward Councilor, Ward No. 16, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

14. Sri Rajesh Kumar son of not known, Ward Councilor, Ward No. 7, Nagar Panchayat, Mirganj, District-Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj

15. Sri Bindhyachal Prasad son of not known, Ward Councilor, Ward No. 11, Nagar Panchayat, Mirganj, District- Gopalganj through Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Prabhakar Singh, Advocate For the Respondent/s : Mr. Rajiv Kumar Singh, GP-2 Mr. Indrajeet Bhushan, A.C. to GP-2 For the State E.C. : Mr. Amit Shrivastava, Advocate ======================================================

Patna High Court CWJC No.15443 of 2014 (2) dt.24-11-2015 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-11-2015 None appears on behalf of the petitioner.

Counsel for the State and Mr. Amit Shrivastava for the State Election Commission are present.

The limited grievance raised in this writ petition is regarding pendency of a complaint before the State Election Commission arising from Case No. 1819 of 2014 which has been filed seeking disqualification of the private respondents under Section 18(l) of the Bihar Municipal Act, 2007. It is the complaint of the petitioner that the matter is pending before the Commission since 27.6.2014 and has yet not been disposed of.

Considering the limited grievance so raised in the writ petition and after hearing the counsel for the respondents, the writ petition stands disposed of with a direction to the State Election Commission to dispose of the complaint so filed by the petitioner, if not already disposed of, in accordance with law but only after giving an opportunity of hearing to the private respondents herein. The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U