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Patna High CourtCWJC/13374/2016disposed

Manish Kumar v. The State Of Bihar And ORS

2016-08-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13374 of 2016 =========================================================== Manish Kumar son of Sri Ramji Sahani, Resident of Village- Dulaur, P.O. Pirapur, P.S. Jandaha, Block-Jandaha, District- Vaishali at Hajipur, presently Member of Block Panchayat Samiti, Bidupur, P.S. and P.S. Bidupur, District- Vaishali at Hajipur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The District Magistrate, Vaishali at Hajipur, District- Vaishali at Hajipur.

3. The Sub-Divisional Officer, Vaishali at Hajipur, District- Vaishali at Hajipur.

4. The Block Development Officer, Jandaha, District- Vaishali at Hajipur.

5. Jai Shankar Chaudhary Son of Not known to the petitioner, Presently Pramukh of Block Panchayat Samiti, Jandaha through the Block Development Officercum- Executive Officer, Block Panchayat Samiti, Jandaha , District- Vaishali at Hajipur.

6. Sangita Kumari Wife of Not known to the petitioner, Presently Up- Pramukh of Block Panchayat Samiti, Jandaha through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jandaha, District- Vaishali at Hajipur.

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

8. The Secretary, the State Election Commission (Panchayat), Sone Bhawan, Birchand, Patel Path, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Mangalam, Advocate For the Respondent/s : Mr. Amit Srivastava, Advocate Mr. Sanjeev Nikesh, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 23-08-2016 Heard parties.

The petitioner claims that he has filed Annexure-3 which is a petition under Section 40 (4) of Bihar Panchayat Raj Act, 2006 in view of the instruction of the State Election Commission published in the State Gazette, a copy of which has been appended as Annexure-1,

Patna High Court CWJC No.13374 of 2016 dt.23-08-2016 2/2 specially clause 19 (iv), challenging the election of Pramukh of Panchayat Samiti Jandaha of District-Vaishali at Hajipur. Though the mandate under such instruction is that such dispute has to be decided within two months, the grievance of the petitioner is that nothing has been done till date though the same was filed on 2.07.2016.

Admittedly, the Annexure-3 was filed on 2.07.2016 and the writ petition has been prematurely filed without waiting for two months, which has been provided under the aforesaid instruction, however, the same is being disposed of with a direction to the District Magistrate, Vaishali at Hajipur to take a final decision on Annexure-3 on its own merit and in accordance with law after granting reasonable opportunity to all the concerned with a period of six weeks from the date of receipt/production of a copy of this order, if the same has already not been done.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.09.2016 Transmission Date N.A.