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Patna High CourtCWJC/15099/2017disposed

Chhote Lal Mahto v. The State Of Bihar And ORS

2017-10-31Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15099 of 2017 =========================================================== Chhote Lal Mahto Son of Late Dahaur Mahto, R/0 Village- Dadhua, Post- Sukki, Block+P.S.- Patepur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through State Election Commissioner, Panchayat, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The Secretary State Election Commission, State of Bihar, Patna.

4. The District Election Officer, Panchayat-cum-District Magistrate, Vaishali.

5. The District Panchayati Raj Officer, Vaishali.

6. Sub-Divisional Officer, Mahua, Vaishali.

7. The Election Officer, Patepur, Vaishali.

8. Ann Kumar Sah, Mukhiya, Dadhua Gram Panchayat, Son of Fudeni Sah, resident of Village- Kasturisarai, Block+P.S.- Patepur, District- Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the SEC : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate For the State :

Mr. Archana Meenakshee, GP-6 Mr. Prabhat Ranjan, AC to GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-10-2017 Heard learned counsel for the petitioner; State and State Election Commission.

2. After some arguments, learned counsel for the petitioner submitted that in the present matter, the District Election Officer (Panchayat), Hajipur has sent a report to the State Election Commission, copy of which is Annexure-6 to the writ petition. He submitted that the same is still pending. It was further submitted that the petitioner has also filed a representation before the Chief Election Commissioner on 24.08.2017 relating to the said report and

Patna High Court CWJC No.15099 of 2017 dt.31-10-2017 2/2 for taking action on the same, copy of which is Annexure-7 to the writ application, and the same is still pending.

3. Learned counsel for the State Election Commission submitted that appropriate action, as may be required under law, shall be taken expeditiously.

4. In view thereof, the writ petition stands disposed off with a direction to the State Election Commission to take a final decision in the matter in terms of the report of the District Election Officer (Panchayat), Vaishali as well as representation of the petitioner after due notice and hearing to the parties concerned, within three months from the date of production of a copy of this order before the respondent no. 3.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U