Suresh Chandra Mishra v. The Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1385 of 2021 ====================================================== 1.

Suresh Chandra Mishra Son of Harveshwar Mishra Resident of VillageRaghopur Narsanda, P.O. Bajitpur, P.S. Patepur, District- Vaishali at Hajipur. 2.

Kumari Sadhna Wife of Brishketu Resident of Mohalla- Bhabha Nagar, Behind Jha Jee House, Bhagwanpur, P.S. Muzaffarpur Sadar, DistrictMuzaffarpur. 3.

Ram Pravesh Ray Son of Rajnandan Ray Resident of Village- Kulesara Dih, Chitrouli, Rampur Mani, P.S. Sakra, District- Muzaffarpur. 4.

Urmila Devi Wife of Ram Surat Ray Resident of Village- Kulesara Dih, Chitrauli, P.S. Sakra, District- Muzaffarpur. 5.

Vijay Singh Son of Baidhnath Singh Resident of Village- Hardiyabad, P.O. Damodarpur, P.S.- Chakiya, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi through the Chief Election Commissioner. 2.

The Chief Election Commissioner, The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.

3.

The Chief Election Officer, Bihar, Patna.

4.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 5.

The Secretary, Transport Department, Bihar, Patna. 6.

The District Magistrate-cum-District Election Officer, Muzaffarpur. 7.

The District Transport Officer, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-07-2022 The present writ petition has been filed seeking the following reliefs:- (I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the Respondent Authorities for payment of compensation to the petitioners against the uses of their vehicle in the election duty of

Patna High Court CWJC No.1385 of 2021(2) dt.22-07-2022 2/2 Parliamentary Election, 2019.

(II) For issuance of an appropriate writ in the nature of mandamus commanding and directing the Respondent Authorities to pay the aforesaid amount with statutory as also the pendentelite interest as the petitioners had invested the huge amount for purchase of the vehicle after raising it from the open market and for which the petitioners are bound to pay the interest for the money borrowed by them.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appropriate representation before the District Magistrate-cum- District Election Officer, Muzaffarpur i.e. the Respondent No. 6, however, seeks a further direction upon him to dispose of the said representation within a stipulated time frame. Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file representation before the respondent No.6 and in case such a representation is filed within a period of four weeks from today, necessary decision shall be taken, in accordance with law, within a period of 12 weeks, thereafter.

Tiwary/- (Mohit Kumar Shah, J) U