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Patna High CourtCWJC/10641/2016dismissed

Amit Kumar Raj @ Tarun Kumar v. The State Election Commission Panchayat And ORS

2018-12-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10641 of 2016 ====================================================== Amit Kumar Raj @ Tarun Kumar, son of Rameshwar Prasad Resident of village- Atwal Chak, P.O. Diha, P.S. Tharthari, District- Nalanda at Biharsharif.

... ... Petitioner

Versus

1. The State Election Commission ( Panchayat ), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.

2. The State Election Commissioner, The State Election Commission ( Panchayat ), Sone Bhawan, Birchand Patel Path, Patna.

3. The Secretary, The State Election Commission ( Panchayat ), Sone Bhawan, Birchand Patel Path, Patna.

4. The District Magistrate-cum- District Election Officer (Panchayat), Nalanda at Biharsharif, District- Naland at Biharsharif.

5. The Sub- Divisional Officer, Hilsa -cum-Returning Officer, District- Nalanda at Biharsharif.

6. Kapil Prasad, son of Bhagwat Mahto, Resident of village- Chainpur, P.O. Jaitpur, P.S. Chandi, District- Nalanda at Biharsharif. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar -Manglam, Advocate For the State : Mr. Sita Ram Yadav, GP-16 For SEC : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 04-12-2018 By way of the present writ petition, the petitioner has prayed for quashing the result of election of Constituency No. 17 of Zila Parishad, Nalanda whereby the respondent no. 6 was declared elected.

2.

Section 137 of the Bihar Panchayat Raj Act, 2006 provides that the election to any office of a Panchayat or a Gram Katchahry shall not be called in question except by an

Patna High Court CWJC No.10641 of 2016 dt.04-12-2018 2/2 election petition.

3.

In view of availability of an efficacious statutory remedy to the petitioner for redressal of his grievance and the same having not been availed of, I am not inclined to entertain the present writ petition under extra-ordinary writ jurisdiction. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.12.2018 Transmission Date NA