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Patna High CourtL.P.A/786/2016dismissed

Nilam Kumari v. The State Of Bihar And ORS

2017-03-03Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.786 of 2016 =========================================================== Nilam Kumari wife of Shishupal Kumar Resident of village- Mousi, P.s.- Parwalpur, District- Nalanda .... .... Appellant/s

Versus

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

2. The State Election Commission, Bihar, Patna

3. The District Magistrate, Nalanda

4. The Sub-Divisional Officer, Hilsa, Nalanda

5. The Block Development Officer, Parwalpur, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Raj Kishor Prasad, Advocate For State Ele. Commission : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 03-03-2017 The challenge in the present Letters Patent Appeal is to an order passed by a learned Single Bench on 17th of March, 2016 whereby the request for change of polling booth by the State Election Commission was not interfered with.

The question as to which place the polling booth has to be provided falls within the domain of the State Election Commission. This Court in exercise of power of judicial review will not sit as an appellate authority over the decision of the State Election Commission.

Patna High Court LPA No.786 of 2016 dt.03-03-2017 2/2 We do not find any error in the order passed by the learned Single Bench which may warrant interference in the present intra-Court Appeal.

The Letters Patent Appeal is, thus, dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.03.2017 Transmission Date