Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11074 of 2022 ====================================================== Md. Shahid, Son of Md. Sabir, Resident of Village- Rahi Tola, Machhaita, Post- Purso Nadiyami, P.S.- Taradih, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Secretary, State Election Commission, Sone Bhawan, Veer Chand Patel Marg, Patna.

3.

The State Election Commissioner through its Commissioner, Sone Bhawan, Veer Chand Patel Marg, Patna.

4.

The District Magistrate, Darbhanga.

5.

The Sub- Divisional Officer, Darbhanga Sadar, Darbhanga. 6.

Smt. Shanti Devi, Wife of Bodh Krishna Jha, Resident of VillageMachhaiyta, P.S.- Sakatpur, District- Darbhanga, At present Mukhiya of Kurso Machhaiyta Gram Panchayat, Darbhanga.

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the State :

Mr. Satya Vrat, AC to GP 10 For the State Election Commission :

Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 06-12-2022 Heard Mr. Rajeev Ranjan, learned counsel for the petitioner; Mr. Satya Vrat, learned AC to GP 10 for the State and Mr. Girish Pandey, learned counsel for the State Election Commission.

2. Learned counsel for the petitioner undertakes to file the original hard copy of the writ petition by tomorrow.

3. The matter has been finally heard with consent of

Patna High Court CWJC No.11074 of 2022(2) dt.06-12-2022 2/3 the parties.

4. The petitioner has moved before the Court for the following reliefs:- " I. For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities specially, the Respondent No. 3, the State Election Commissioner, Bihar to dispose of the representation of the Petitioner in stipulated period filed on 09.06.2020 u/s 136 of the Bihar Panchayat Raj Act, 2006 (as amended).

II. For any other relief/ reliefs to which the Petitioner deemed entitled into the facts and circumstances of the case."

5. Learned counsel for the petitioner submits that for the cause of action he has also filed a representation before the State Election Commission on 09.06.2022, copy of which is Annexure - P/2 to the writ petition.

6. Learned counsel for the State Election Commission submits that the representation has been filed before the Secretary of the Commission though it should have been to the Commissioner.

7. Be that as it may, the writ petition stands disposed of with a direction to the respondent no. 3 to consider and

Patna High Court CWJC No.11074 of 2022(2) dt.06-12-2022 3/3 dispose of the representation in accordance with law, filed by the petitioner though before the respondent no. 2, if already not disposed of, latest within a period of two months from the date of production of a copy of this order.

(Ahsanuddin Amanullah, J) ( Sunil Dutta Mishra, J) khushbu/- U