Sushma Sahu v. The Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8813 of 2020 ====================================================== Sushma Sahu Daughter of Ram Lagan Sahu Resident of Sahu Sadan House No.1, Rajendra Path, Kadam Kuan, P.O. and P.S. Kadam Kuan, DistrictPatna. (Bihar). ... ... Petitioner/s

Versus

1.

The Election Commission of India through the Chief Election Commissioner, Nirvachan sadan, Ashoka Road, New Delhi. 2.

The Chief Election Commissioner, The Election Commission of India, Nirvachan Sada, Ashok Road, New Delhi.

3.

The Chief Election officer, Bihar, Patna.

4.

The District Election Officer, Patna, District-Patna. 5.

The Returning Officer, 182, Bankipur Assembly Constituency, DistrictPatna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Prabhat Verma, AAG For the Election Commission:

Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-12-2020 Heard Mr. S.B.K. Mangalam, learned Advocate for the petitioner, Mr. Siddhartha Prasad for the Election Commission and Mr. Prabhat Verma for the State. Now, when the elections have already been held and result announced, this petition has become infructuous.

Mr. Mangalam, learned counsel for the petitioner submits that he has no dispute with the proposition that this case has become infructuous for this Court to interfere in the matter but insists that the conduct of the Returning Officer be made at least known

Patna High Court CWJC No.8813 of 2020(2) dt.05-12-2020 2/2 to the Election Commission, so that in future such whimsical action on the part of the Returning Officers could be stopped.

No such observation could be made in the absence of the response of the concerned Returning Officer.

Be that as it may, the petitioner would be at liberty to challenge the election in an appropriate forum where such issues could be raised.

The petition is dismissed as infructuous with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U