Pinki Rastogi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3072 of 2016 =========================================================== Pinki Rastogi, Wife of Govind Kumar Rastogi, resident of Village- Satti, Chaura, Balia, P.O.- Lakhminia, P.S.- Balia, District- Begusarai. .... .... Petitioner
Versus
1. The State of Bihar.
2. The Principal Secretary, Department of Urban Development, Government of Bihar, Patna.
3. The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Path, Patna.
4. The District Magistrate, Begusarai cum District Returning Officer, Begusarai.
5. The LRDC Balia, Sub-division cum Returning Officer, Balia Nagar, Panchayat.
6. The Circle Officer, Balia Anchal, Balia, Begusarai.
7. Champa Devi, wife of Sunil Sharma, Ward Commissioner from ward No. 15 and Chairman of Balia Nagar, Panchayat, resident of Village- Sheran Chak, Balia, P.O- Lakhminia, P.S.- Balia, District- Begusarai. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Advocate Ms. Usha Kumari, Advocate For the Respondent-State : Mr. Madhaw Pd. Yadav, GP-23 For the Respondent-SEC : Mr. Amit Shrivastva, Advocate Mr. Girish Pandey, Advocate For the Respondent No.7 : Mr. Bindhyachal Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 19-06-2018 Heard the parties.
2. The instant writ petition has been filed by the petitioner for challenging the action on the part of the respondent
Patna High Court CWJC No.3072 of 2016 dt.19-06-2018 no.5 LRDC Balia, Sub-division-cum-Returning Officer, Balia Nagar Panchayat, who has rejected nomination form of the petitioner for election of Balia Nagar Panchayat in the district of Begusarai on the basis of letter dated 08.02.2016 issued by respondent no.6, Circle Officer, Balia by which caste certificate of the petitioner showing her as Awadh Baniya has been cancelled.
3. It is not disputed that the election of Balia Nagar Panchayat in the district of Begusarai has already been held and result has also been declared long back on 3rd March, 2016.
4. It is well settled position of law that once election process is completed and result of election is declared, any challenge to rejection of nomination can only be made by way of filing an election petition under the provision of the Municipal Act.
5. In that view of the matter, the writ petition is dismissed as not maintainable.
(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission NA Date