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Patna High CourtCWJC/17576/2013dismissed

Rekha Devi v. The State Of Bihar And ORS

2016-04-07Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17576 of 2013 ====================================================== Rekha Devi, Wife of Sri Mahesh Choudhary, Resident of Village - Sarsu Tola Mathper, P.S. Atri, District - Gaya.

.... .... Petitioner/s

Versus

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

2. The District Election Officer (Panchayat) - cum - District Magistrate, Gaya.

3. The Returning Officer - Cum - B.D.O., Konch Prakhand C/O District Panchayat Rajya Officer, Gaya, District Panchayat Rajya Office, Gaya Collectorate, Gaya.

4. The Assistant Election Officer - Cum - District Co - Operative Officer, Gaya, C/O District Panchayat Rajya Officer, Gaya, District Panchayat Rajya, Gaya Collectorate, Gaya.

5. The Observer through District Panchayat Rajya Officer, District Panchayat Rajya Office, Gaya Collectorate, Gaya.

6. The State Election Commissioner, Bihar, Patna through Election Commissioner, Sone Bhawan, P.S. Kotwali Town and District-Patna.

7. Smt. Geeta Devi, wife of Sri Anil Rajbanshi, Resident of Village - Sarsu Tola Losidhani, P.S. Atri, District - Gaya.

8. Smt. Karma Devi, W/O Nageshwar Choudhary, Resident of Village - Mathper, Chandpura, P.S. Atri, District - Gaya.

9. Smt. Kesri Devi,W/O Sakhaldeo Rajbanshi, Resident of Village - Chandpura, P.S. Atri, District - Gaya.

10. Smt. Kaushlaya Devi,W/O Bhola Choudhary, Resident of Village - Jota, P.S. Atri, District - Gaya.

11. Smt. Roopa Devi, W/O Devalal Rajbanshi, Resident of Village - Tapaswinagar Sarsu, P.S.-Atri, District - Gaya.

12. Smt. Lachminia Devi, W/O Lallu Manjhi, Resident of Village - Jota, P.S.-Atri, District - Gaya.

13. Smt. Leela Devi, W/O Ramchandra Rajbanshi, Resident of Village - Tapaswinagar Sarsu, P.S. Atri, District - Gaya.

14. Smt. Sushila Devi, W/O Upendra Rajbanshi, Resident of Village - Sarsu, P.S. Atri, District - Gaya.

15. Smt. Satiya Devi, W/O Anil Choudhary, Resident of Village - Jota, P.S. Atri, District - Gaya.

16. Smt. Siya Devi, W/O Brahmdeo Rajbanshi, Resident of Village - Jota, P.S. Atri, District - Gaya.

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

For the Respondent No.6 : Mr. Amit Srivastava Mr. Girish Pandey For the State : Mr. Sanat Kumar Mishra, AC to AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

Patna High Court CWJC No.17576 of 2013 (2) dt.07-04-2016 2/2 07-04-2016 None appears on behalf of the petitioner.

Learned counsel for the State Election Commission are present.

Heard the learned counsel for the respondent and perused the records.

The petitioner is aggrieved by the order dated 24.7.2013 passed by learned Munsif III, Gaya in Election Petition No.11 of 2011 whereby the petition filed by the election petitioner who is the respondent no.7 herein has been accepted. The Court below has directed for production of Prapatra 20 and 21. In my opinion, the grievance raised is only taken for being rejected for it is within the jurisdiction of the learned Munsif to consider all documents related to an election for a purposeful adjudication on the dispute.

There is no error in the exercise of jurisdiction. In result the writ petition is dismissed.

(Jyoti Saran, J) deepika/- U