Bandana Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7955 of 2016 ====================================================== Bandana Devi, W/o Anuj Kumar Singh, resident of village+PO-Khaira, P.S. Bahadurpur, District-Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Darbhanga
2. The State Election Commission through the State Election Commissioner, State Election Commission, 3rd Floor, Sone Bhawan, Beer Chand Patel Path, Patna-1
3. The Secretary, State Election Commission, 3rd Floor, Sone Bhawan, Beer Chand Patel Path, Patna-1
4. The District Magistrate-cum-District Election Officer, Darbhanga
5. The Block Development Officer-cum-Returning Officer, Khaira Gram Panchayat, Block Bahadurpur, District-Darbhanga
6. Ranju Devi, wife of Santoch Kumar Singh, resident of village +P.O. Khaira, P.S. Bahadurpur, District-Darbhanga .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Purnendu Singh, GP-27 Mr. Sanjay Kumar Tiwary, AC to GP-27 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-05-2016 Heard Mr. Gagan Deo Yadav for the petitioner, counsel for the State and State Election Commission.
Although the petitioner complains of improper rejection of nomination but it is informed by Mr. Sanjeev Nikesh appearing for the Commission that the election has already taken place on 02.5.2016 rendering the issue infructuous.
In the circumstances so discussed, I deem it fit and proper to dispose of the writ petition leaving it open for the petitioner to question the rejection by way of an election dispute as
Patna High Court CWJC No.7955 of 2016 (2) dt.04-05-2016 available under the Bihar Panchayat Raj Act, 2006 and the election rules framed thereunder.
The writ petition is disposed of.
(Jyoti Saran, J) S.Sb/- U