Bhartiya Jan Vikas Party v. The Chief Election Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18260 of 2018 ====================================================== Bhartiya Jan Vikas Party Son of Late Yamuna Prasad, Gulab House, East Ashok Nagar, Road No. 14 A, Kankarbagh, Patna- 20. ... ... Petitioner/s

Versus

1.

The Chief Election Commissioner, Nirvachan Sadan, Ashok Raod, New Delhi-110001 2.

The Chief Election Officer, Sardar Patel Marg, Patna- 800015. 3.

Office Director, office of the Director of Income Tax Intelligence and Criminal Investigation, 3rd Floor, Alankar Place, Boring Road, Patna. 4.

The State of Bihar through the District Magistrate-cum-District Election Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Respondent/s :

Ms. Shanghamitra Ghosh, Advocate Mr. Siddharth Prasad, Advocate Ms. Archana Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Election Commission of India along with learned counsel for the Income Tax. The learned counsel for the petitioner submits that the present writ application has been filed seeking a direction upon the respondents and its authorities to restore the registration of petitioner-Bhartiya Jan Vikas Party on the basis of inquiry report submitted by the Office of the Director, Income Tax (Intelligence and Criminal Investigation) and District Magistrate, Patna-cumDistrict Election Officer, Patna. The learned counsel for the petitioner submits that before filing the writ application, the petitioner had represented

Patna High Court CWJC No.18260 of 2018(3) dt.12-04-2023 2/2 before the Election Commission of India as would be evident from Annexure-6 to the writ application by his representation contained in Letter No. 135 dated 05.04.2018 seeking recognition of this political party based on the report as recorded hereinabove. Learned counsel for the petitioner next submits that the petitioner would be satisfied in the event if a direction is issued to the Election Commission of India to dispose of the representation of the petitioner dated 05.04.2018 (Annexure-6 to the writ application).

Learned counsel appearing for the Election Commission of India does not object to the prayer made by the learned counsel for the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the writ application is disposed of with a direction to the Election Commission of India to dispose of the representation of the petitioner dated 05.04.2018 contained in Letter No. 135 expeditiously and preferably within a period of six months from the date of receipt/production of a copy of this order, if possible.

Accordingly, the writ application stands disposed of. (Satyavrat Verma, J) Rishi-II/- U