Guriya Dei v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3135 of 2014 =========================================================== Guriya Devi, W/o Pradeep Singh Resident of Village- Dattu Bigha, P.O,- Opp, P.SEkangarsarai, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar through Collector, Nalanda.

2. Bihar Election Commission, Patna through Commissioner/ Secretary

3. The Collector-cum- Election Officer, Ekangarsarai, Nalanda.

4. The B.D.O.- cum- Election Officer, Ekangarsarai, Nalanda.

5. Smt. Manti Devi, W/O Ram Naresh Rout, Village-Tellia, P.S- Ekangarsarai, District- Nalanda

6. Smt. Sunita Devi W/O Narendra Kumar Rahi Village and Post- Opp, P.SEkangarsarai, District- Nalanda.

7. Susheela Devi W/O Shobhi Kumar, Village- Vishnupur, Post- Opp, P.SEkangarsarai, District- Nalanda. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : None For the Respondent-State : Mr. Kamlesh Kishori, AC to SC-12 For the Respondent-SEC : Mr. Sanjeev Nikesh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 21-02-2018 On repeated calls, nobody appears on behalf of the petitioner to press the writ petition. Learned counsel appearing for the Bihar State Election Commission is present. Earlier also, the writ petition is dismissed for want of prosecution on 09.03.2015, which was subsequently restored vide order dated 09.12.2015 passed in M.J.C. No.794 of 2015.

2. Learned counsel for the Bihar State Election

Patna High Court CWJC No.3135 of 2014 dt.21-02-2018 Commission submitted that the writ petition is totally misconceived. The petitioner has made several allegations against the learned Sub Judge, Civil Court, Hilsa, Nalanda, who was presiding over the election tribunal, but he has not been impleaded as a party. He submitted that the original dispute relate to election of member, Panchayat Samiti, Ekangarsarai Block, Distt.-Nalanda of the year 2006 in which the petitioner got defeated and filed an election petition challenging the election of respondent no.5. He submitted that the election tribunal had disposed of the election petition by taking note of the fact that the term of the office had already expired. He submitted that since 2006, two consecutive elections have already been held.

3. Having regard to the fact and circumstances and the submissions made above as also taking into consideration the fact that the petitioner has no interest in pursuing the matter, the writ petition is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2018 Transmission NA Date