Anil Singh v. The State Election Commission (Municipality)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8768 of 2020 ============================================== Anil Singh son of Mahendra Prasad Singh resident of Mohalla- Vijay Nagar, Ward No. 16, P.O. and P.S. Banka, District- Banka. ... ... Petitioner

Versus

1.

The State Election Commission (Municipality) Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 2.

The State Election Commissioner, The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna. 3.

The District Magistrate-cum- District Election Officer (Municipality), Banka, District- Banka.

4.

The Executive Officer, Nagar Parishad, Banka, District- Banka. 5.

Santosh Kumar Singh son of Sri Satyadeo Singh Presently Ward Councilor, Ward No. 8, Banka Nagar Parishad, Banka, through the Executive Officer, Nagar Parishad, Banka, District- Banka. ... ... Respondents ============================================== Appearance :

For the Petitioner/s : Mr.Shashi Bhushan Kumar Manglam For the Respondent/s : Mr.

For the State Election Commission : Mr. Amit Srivastava : Mr. Sanjeev Nikesh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2020 Heard learned counsel for the parties.

The petitioner has approached this Court for a direction to the respondent no. 2 for disposing of the complaint lodged by him before the State Election Commissioner for declaring the election of respondent no. 5 to the post of Ward Councillor of Banka Nagar Parishad disqualified on various grounds, which have been stated in such complaint.

Patna High Court CWJC No.8768 of 2020(2) dt.11-12-2020 2/2 It is the case of the petitioner that respondent no. 5 had contested the election after suppressing certain facts which would have otherwise disqualified him from contesting the election and he has also not disclosed his criminal antecedents in the affidavit which he was required to file correctly before the authorities.

There is no difficultly in allowing such prayer. Mr. Amit Srivastava, learned Advocate assisted by Mr. Sanjeev Nikesh for the State Election Commission are present.

The complaint referred to above ought to be disposed of within a reasonable period of time preferably within a period of two months from today.

The aforesaid order shall be communicated to the concerned respondents by Mr. Amit Srivastava for its compliance and needful.

The writ petition stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U