Mrityunjay Kumar v. Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.589 of 2021 ====================================================== Mrityunjay Kumar Son of Shri Brijnandan Kumar Resident of Bigan Bigha, Daudnagar, Aurangabad, Daudnagar, Bihar- 824143. ... ... Petitioner/s

Versus

1.

Chief Election Commissioner Nirvachan Sadan, Ashoka Road, New Delhi110001. 2.

Chief Electoral Officer 7, Sardar Patel Marg, Mangles Road, Patna, Bihar800015. 3.

State of Bihar Through its Chief Secretary, Government of Bihar, Main Secretariat, Patna, Bihar- 800015.

... ... Respondent/s (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Vishal Kumar Singh, Adv.

Mr. Sashwat, Adv.

Mr. Anjani Kumar, Adv.

Mr. Ashvani Kumar, Adv For the Respondent/s :

Mr. P.K. Verma(AAG-3) Mr. Anand Kumar Ojha, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-06-2021 Heard the parties.

Petitioner has prayed for following relief(s):- "A. For issuance of an appropriate writ of Mandamus or any other appropriate writ (s) or order(s) or direction(s) commanding the Respondents to not to publish notification of circumstances in the state of Bihar due to COVID-19 and Flood or not?

B. Whether the Respondents are aware that conducting the elections in the

Patna High Court CWJC No.589 of 2021 dt.22-06-2021 2/2 present circumstances will lead to decline the voters' turnup or not?

C. Whether the Election Commission of India is aware that at present the entire administrative set up of the state is already engaged in tackling the COVID-19 and Flood in the state or not?

D. Whether the Election Commission is well aware that 16 out of 38 districts of the state are affected to flood and the cases of COVID-19 are also increasing in the state or not?

E. Whether the action of the Respondents to conduct elections in the state right now will lead to deprivation of the Right to Vote of the people of the state of Bihar or not ?

F. Whether there is an urgency to conduct the elections right now in the State of Bihar or not?"

Learned counsel for the petitioner seeks permission to withdraw this application.

Permission is accorded.

This application is dismissed as withdrawn.

(Sanjay Karol, CJ) ( S. Kumar, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.6.2021 Transmission Date NA