Saroj Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1332 of 2018 In Civil Writ Jurisdiction Case No.3124 of 2016 ====================================================== Saroj Devi, Wife of Sri Jai Shankar Prasad Rastogi, resident of Village - Choti Balia Bazar, P.O. Lakhminia, P.S. Balia, District - Begusarai ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

3.

The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Path, Patna.

4.

The District Magistrate, Begusarai Cum District Returning Officer, Begusarai.

5.

The LRDC Balia, Sub - Division Cum Returning Officer, Balia Nagar Panchayat.

6.

The Circle officer, Balia Anchal, Balia, Begusarai. 7.

Arun Kumar Mahto, Son of Satya Narayan Mahto, Ward Commissioner from Ward No. 9, Balia Nagar Panchayat, resident of Upar Tola, Balia Bazar, P.O. Lakhminia, P.S. Balia, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kanhaiya Pandey, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-12-2019 Heard learned counsel for the appellant and learned counsel for the respondents.

Appellant has preferred this Letters Patent Appeal against the judgment dated 19.06.2018 passed by a learned Single Judge of this Court in C.W.J.C. No. 3124 of 2016, titled

Patna High Court L.P.A No.1332 of 2018(3) dt.09-12-2019 2/3 as Saroj Devi Vs. The State of Bihar & Ors., whereby the writ petition filed by the petitioner stands dismissed. The impugned order, in toto, is reproduced hereunder:- "Heard the parties.

2. This writ petition has been filed by the petitioner challenging the action on the part of respondent no. 5 LRDC Balia, Sub-division-cumReturning Officer, Balia Nagar Panchayat whereby he has rejected the nomination of the petitioner for election of Balia Nagar Panchayat in the district of Begusarai on the basis of letter dated 08.02.2016 issued by respondent no. 6, Circle Officer, Balia by which caste certificate of the petitioner showing her as Awadh Baniya has been cancelled.

3. It is not disputed that the election of Balia Nagar Panchayat in the district of Begusarai has already been held and result has also been declared long back on 3rd March, 2016.

4. It is well settled position of law that once election process is completed and result of election is declared, any challenge to rejection of nomination can

Patna High Court L.P.A No.1332 of 2018(3) dt.09-12-2019 3/3 only be made by way of filing an election petition under the provision of the Municipal Act.

5. In that view of the matter, the writ petition is dismissed as not maintainable."

We find the present appeal to have become infructuous, for the entire process of election is over. The appeal stands dismissed as having rendered infructuous.

(Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U