Nand Kumar Prasad Sah v. The State Election Commission,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16240 of 2021 ====================================================== Nand Kumar Prasad Sah Son of Late Baidyanath Prasad Sah Resident of Ward No. 20, Saraiyaganj Road, In front of Pankaj Market, Brahampura, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Election Commission, Bihar, Patna through its Secretary. 2.

The State Election Commissioner, State Election Commission, Bihar, Patna. 3.

The Secretary, State Election Commission, Bihar, Patna. 4.

Muzaffarpur Municipal Corporation through its Municipal Commissioner. 5.

The Municipal Commissioner, Muzaffarpur Municipal Corporation 6.

The District Magistrate-Cum- District Election Officer (Municipality), Muzaffarpur.

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

For the Petitioner/s :

Mr.Mukesh Kumar For the State :

Mr. Surewh Kumar, AC to EX-GP 1 For the S.E.C.

:

Mr. Amit Srivastava, Sr. Adv.

Mr. Sanjeev Nikesh For the M.M.C.

:

Mr. Awadhesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2021 Heard learned Counsel for the parties concerned. The petitioner has filed the present writ application for a direction to the State Election Commission to fix a date for conducting the election of the Mayor of the Muzaffarpur Municipal Corporation inasmuch as the Mayor of the Muzaffarpur Municipal Corporation was removed pursuant to the special meeting, convened on 24.07.2021, for No Confidence Motion.

Learned Counsel for the State Election Commission

Patna High Court CWJC No.16240 of 2021(2) dt.26-10-2021 2/2 furnished, today, a letter, dated 08.10.2021, passed by the Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, by which the proceedings of the special meeting, dated 24.07.2021, has been declared as invalid.

In view of the submissions made by learned Counsel for the State Election Commission, and the subsequent development, which has taken place, learned Counsel for the petitioner seeks permission to withdraw this writ application. Permission is accorded.

This writ application is dismissed as withdrawn. Let the letter, dated 08.10.2021, be kept on record. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √