Rekha Devi v. The State Election Commission Bihar Through Its Secretary And ORS

Patna High Court CWJC No.7234 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7234 of 2016 ====================================================== Rekha Devi, Wife of Ajay Kumar, resident of Village and Post- Mujaradh, Police Station -Nokha, District Rohtas.

.... .... Petitioner/s

Versus

1.

The State Election Commission Bihar through its Secretary. 2.

The District Election Officer (Panchayat) -cum- District Magistrate, Rohtas, Sasaram.

3.

The Returning Officer cum Sub-Divisional Magistrate, Sasaram. 4.

The Assistant Returning Officer, Sasaram.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Choubey For the Respondent/s : Mr. Amit Shrivastava Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-04-2016 Learned counsel for the parties are present.

The petitioner has filed her nomination to contest the post of Member, Zila Parishad Sasaram, Constituency Nokha-17 (West) and submits at paragraph 10 that when she went to obtain election symbol, she was asked to come on the next day and her signature was taken on a paper which was meant for withdrawal of nomination. It is difficult to accept that the petitioner who intends to represent her constituency in the Zila Parishad does not recognize a withdrawal form.

No cause of indulgence is made out on the grievance raised which rests on disputed facts. The writ petition is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- U