Dharmadev Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.8901 of 2016 dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8901 of 2016 =========================================================== Dharmadev Singh, Son of Late Bhikham Singh, resident of VillageBaijalpur Jamui, P.S.- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3. Election Commissioner, Government of Bihar, Patna.

4. Commissioner, Saran at Chapra.

5. D.M. -cum- District Election Officer, Saran.

6. S.D.O. Sonepur, Saran.

7. B.D.O. -cum- Election Officer, Sonepur, Saran.

8. B.D.O. -cum- Election Officer, Dariyapur, Saran.

9. Reny Devi, wife of Raj Kumar Rai, resident of Village-Magarpal Murtuza, Gram Panchayat Raj Magarpal, P.S.- Dariyapur, DistrictSaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra For the Respondent/s : Mr. Arvind Kumar-2, S.C.-7 ======================================================= CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 19-05-2016 Heard the parties.

The petitioner questions the nomination of the respondent no.9. The challenge to the nomination of any candidate is an election dispute within the meaning of section 139 read with Section 137 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') and the Election rules framed thereunder and thus the petitioner if so advised can take recourse to the forum so provided under 'the Act' for raising such dispute.

No cause for indulgence is made out.

The writ petition is disposed of.

(Jyoti Saran, J) deepika/- U