Patna High CourtCWJC/11627/2011dismissed

Bablu Das v. The State Of Bihar And ORS

2018-04-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11627 of 2011 ====================================================== Bablu Das S/O Late Birbal Das , resident of Vill. Jhoarachak (Raipura), P.O. Sanjha P.S. Rajaun, Block-Rajaun ,Sub-Division- Banka, DistrictBanka .... .... Petitioner

Versus

1. The State of Bihar

2. The State Election Commission ,Bihar through the Chief Election Commissioner, Bihar at Patna, District-Patna

3. The District Magistrate, Banka-cum-District Election Officer at Banka, District- Banka.

4. The S.D.O., Banka-cum-Election Officer, Sub-Division +P.S. Banka, District- Banka.

5. Suman Paswan Son Of Lachcho Paswan, Village , Babarchak P.O.- Nawada, P.S.-Rajaun, Sub-Divison-Banka,District-Banka .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Indradeo Prasad, SC-27 Mr. Sunil Kumar Singh, AC to SC 27 For respondent : Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-04-2018 In the instant writ petition, the petitioner has prayed for issuance of a direction to the respondents to treat the Vote having [+] mark on the Ballot as invalid as provided under Rule 96 of Bihar Panchayat Election Rule, 2006 and thereafter to proceed as per the mandate of Bihar Panchayat Raj Act, 2006 and Bihar Panchayat Election Rule, 2006 and declare the result

Patna High Court CWJC No.11627 of 2011 (4) dt.23-04-2018 2/2 for the post of Pramukh of Rajuan Block, District Banka afresh and all consequential action mandated under the Act and the Rules pursuant to declaration of result after election. At the outset, it is submitted by the learned counsel for the petitioner that since fresh elections have already been held, the writ petition has become infructuous. In view of the submission made above, the writ petition is dismissed as infructuous.

(Ashwani Kumar Singh, J.) Kanchan/- U