Arun Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.322 of 2015 ======================================================

1. Arun Kumar Sharma Son of Late Gopal Sharma R/o village - Soniyama, P.S. Dulhin Bazar, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna

2. The District Magistrate - Cum - Returning Officer, Gaya

3. The Superintendent of Police, Gaya

4. The Station House officer, Civil Lines, Gaya

5. The State Election Commission, Sone Bhawan, Patna

6. Soni Kumari Wife of Dhananjay Sharma R/o Mohalla - Jhilganj, P.S. Kotwali, District - Gaya, At present Mayor, Gaya Municipal Corporation, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Adv. For the Respondent/s : Mr. Ajit Pratap Singh, S.C. 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-02-2015 Heard Mr. Dinu Kumar, learned counsel for the petitioner, learned counsel for the State and Mr. Girish Pandey, learned counsel for the State Election Commission.

The limited grievance of the petitioner is that although he has filed an appropriate application under the provisions of Section 18(2) of the Bihar Municipal Act, 2007 inter alia for a declaration from the State Election Commission that the private respondent No.6 was not eligible to contest the election as Ward Councillor, Ward No. 8 of the Gaya Municipal Corporation on 4.9.2014, a copy of which is placed at Annexure-2 to the writ

Patna High Court CWJC No.322 of 2015 (3) dt.13-02-2015 2 / 2 petition but the matter rests therein in as much as it has not been disposed of.

Having heard learned counsel for the parties and taking note of the limited grievance raised by the petitioner, the writ petition is disposed of with a direction to the State Election Commission to consider the complaint filed by the petitioner on 4.9.2014, a copy of which is placed at Annexure-2 to the writ petition and dispose of the same in accordance with law and after hearing the affected party i.e. respondent No. 6 herein expeditiously and preferably within six months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) Bibhash/- U