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Patna High CourtCWJC/1859/2021disposed

Dr. Suraj Kumar Sah @ Suraj Kumar Sah v. The State Of Bihar

2022-01-24Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1859 of 2021 ====================================================== Dr. Suraj Kumar Sah @ Suraj Kumar Sah S/o Kamal Prasad Sah, R/o Village - Mahnar Tada Chouri, Ward No. 14, P.S. Mahnar, District - Vaishali. ... ... Petitioner/s

Versus

1.

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

The State Election Commission (Legislative Assembly), Patna through State Election Commissioner, Sone Bhawan, Birchand Patel Path, Patna. 3.

The District Magistrate-cum-District Election Officer (Legislative Assembly), Vaisali, District - Vaishali.

4.

The Sub Divisional Magistrate, Mahnar, District - Vaishali. 5.

The Returning Officer, 129 Mahnar Legislative Assembly, Mahnar, District - Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar For the Respondent/s :

Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has sought for following reliefs:

"1.

That through this writ application petitioner disputes and challenges the legality and validity of scrutiny of dated 17-10-2020 whereby and where under the Returning officer cancelled the Nomination paper of the petitioner who is a candidate of 129 Mahnar Legislative Assembly, Mahnar, District- Vaishali."

3. Since election process is already over, the present

Patna High Court CWJC No.1859 of 2021 dt.24-01-2022 2/2 petition do not survive for consideration. If petitioner is still aggrieved with the process of election to the Legislative Assembly of Bihar for the post of M.L.A. of 129 Mahnar Legislative Assembly, Mahnar, Vaishali, he is at liberty to approach jurisdictional forum in filing election petition in accordance with law.

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