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Patna High CourtCWJC/10655/2016dismissed

Badri Narayan Ram v. The State Of Bihar And ORS

2018-09-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10655 of 2016 =========================================================== Badri Narayan Ram son of Rameshwar Ram resident of Village- Balaanpatti, P.S.- Khutauna, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Madhubani.

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

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

4. The Block Development Officer, Khutauna, District Madhubani.

5. The District Panchayati Raj Officer, Madhubani.

6. Koyal Devi, wife of Ram Dayal Yadav, resident of Village- Balaanpatti, P.S.- Khutauna, District- Madhubani.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Saket Tiwary, Advocate For State : Smt. Binita Singh- GP31 For the SEC : Mr. Amit Shrivastava, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-09-2018 By way of the present writ petition, the petitioner has challenged the candidature and result of respondent no. 6, Koyal Devi, who successfully contested the post of Mukhiya from Gram Panchayat Durgi Patti.

2.

Mr. Saket Tiwary, learned counsel for the petitioner submitted that after filing of the present writ petition, the petitioner has filed an election petition before Election Tribunal for setting aside

Patna High Court CWJC No.10655 of 2016 dt.04-09-2018 2/2 the result of respondent no. 6 on the ground that she had contested election fraudulently on the basis of forged and fabricated caste certificate.

3.

In view of the submission made above, as the petitioner has already resorted to the statutory remedy available under Bihar Panchayat Raj Act, 2006, I am not inclined to entertain the instant petition under Article 226 of the Constitution of India. 4.

Accordingly, this application is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.09.2018 Transmission Date NA