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Patna High CourtCWJC/1222/2021dismissed

Manju Lata v. The State Of Bihar

2022-01-17Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1222 of 2021 ====================================================== Manju Lata Wife of Om Prakash Resident of Flat No. 204, Lakhandeo Enclave, Yaduvansh Nagar, Digha Road, P.s.- Digha, Town and DistrictPatna ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Chief Electoral Officer, Bihar General Assembly Election 2020, 7, Sardar Patel Marg, Mangles Road, Patna-800015 3.

The Secretary Office of Chief Electoral Officer, Bihar 7, Sardar Patel Marg, Mangles Road, Patna-800015 4.

The District Returning Officer cum District Magistrate, Bihar General Assembly Election 2020, Sasaram at Rohtas 5.

Mr. Lal Babu Singh Son of not known the Returning Officer cum Additional District Magistrate cum Additional Collector, 207 Chenari (SC) Legislative Assembly Constituency, Chenari, Rohtas 6.

The Election Commission of India through the chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal, Advocate For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 17-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

In the instant application the petitioner has prayed for the following reliefs:

I. For setting aside the decision of returning officer dated 09.10.2020 (certified copy of which has not been supplied to the petitioner till date) where under and whereby nomination

Patna High Court CWJC No.1222 of 2021(2) dt.17-01-2022 2/2 paper of petitioner filed for election of 207 Chenari Assembly Constituency (SC) has been rejected under section 33 of Representation of Peoples Act, 1950 on the ground that signature of the petitioner in Part III of form 2B is missing. II. For a direction to respondent no. 5, the Returning Officer-cum-Additional Collector, 207 Chenari Assembly Constituency (reserved) of Bihar Legislative Assembly Election 2020, Chenari (Rohtas) to accept her nomination papers treating it as valid nomination and allow the petitioner to contest election in question and further for a direction to make necessary inclusion of name of petitioner in the list of contesting candidate.

III. And/or pass such other orders to which petitioner is entitled in facts and circumstances of the case. Due to elapse of time, the present petition does not survive for consideration, accordingly the writ petition stands disposed of.

(P. B. Bajanthri, J) Ravi/mdrashid U