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Patna High CourtCWJC/10980/2022disposed

Chitranjan Kumar v. The State Of Bihar

2023-04-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10980 of 2022 ====================================================== Chitranjan Kumar S/o - Late Sri Narayan Singh, R/village and P.O. and P.S. - Mehush, Distt. - Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Panchayat Raj Department Govt. of Bihar.

2.

The Director, Panchayat Raj Department Bihar, Patna. 3.

The District Magistrate Sheikhpura P.S. and Distt. Sheikhpura. 4.

The District Panchayat Raj Officer P.S. and Distt. - Sheikhpura. 5.

Mr. Jairam Singh S/o - Sri Balmiki Singh, R/village and P.S. - Mehush, Distt. - Sheikhpura.

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-7 Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The learned counsel for the petitioner submits that the present writ application has been filed for a direction upon the learned Trial Court to conclude the Election Petition Case No. 01 of 2021 within a time frame.

The learned counsel for the petitioner submits that petitioner, earlier, was elected as Mukhiya of Gram PanchayatMehush, P.S. & District- Sheikhpura, but in the year 2021 the respondent no. 5 was declared elected for the post of Mukhiya of the aforesaid Gram Panchayat.

Patna High Court CWJC No.10980 of 2022(3) dt.21-04-2023 2/3 The learned counsel for the petitioner submits that after the result of the election was declared, the petitioner filed an Election Petition in the Court of learned Munsif, Sheikhpura being Election Petition Case No. 01 of 2021 for setting aside the election of the respondent no. 5 on the ground that his nomination was not valid.

The learned counsel for the petitioner submits that the respondent no. 5 has already appeared in Election Petition Case No. 01 of 2021, but till date the matter is proceeding very slowly, it is next submitted that the sole intention of the winning candidate is to delay the Election Petition so that by the time, the election petition is decided, the tenure of Mukhiya is over. Thus, the learned counsel for the petitioner seeks a direction upon the learned Trial Court to expedite and conclude the Election Petition Case No. 01 of 2021 within a time frame. The learned counsel for the State does not raise any objection to the prayer made by the learned counsel for the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the writ application is disposed of with a direction to the learned Munsif, Sheikhpura to dispose of the Election Petition Case No. 01 of 2021 expeditiously

Patna High Court CWJC No.10980 of 2022(3) dt.21-04-2023 3/3 preferably within a period of nine months from the date of receipt/production of a copy of this order, after hearing all the concerned.

Accordingly, the present writ application stands disposed of.

(Satyavrat Verma, J) Rishabh/- U