← Library
Patna High CourtCWJC/10651/2016dismissed

Md. Kalamudin v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10651 of 2016 ====================================================== Md. Kalamudin son of Liyakat Hussain, resident of Village+P.O.- Balia, Block, Rupouli, P.S.- Rupouli, District- Purnia. ... ... Petitioner

Versus

1. The State of Bihar, through District Magistrate, Purnia.

2. The Bihar State Election Commission (Panchayat), through its Secretary, Sone Bhawan, 3rd Floor, Beerchand Patel Marg, Patna- 800001.

3. The District Panchayat Raj Officer, Purnia.

4. The Block Development Officer, Dhamdaha, District- Purnia.

5. Sub Divisional Officer, Dhamdaha, Purnia

6. The District Magistrate, Purnia

7. Gauri Sharma, son of Sitaram Sharma, aged about 33 years, resident of Village- Kanp, P.O.- Baliya, P.S.- Rupouli, District- Purnia. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Respondent/s :

Md. Raisul Haque- SC-4 ====================================================== 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 issuance of a writ in the nature of certiorari for quashing the result of election for the post of Mukhiya in Gram Panchayat-Kanp for Area No. 08 which was declared on 01.06.2016 on the ground that respondent no. 7, namely, Gauri Sharma had committed breach of law, as he was indulged in corrupt practices during the elections and had provoked the voters on religious line and against the petitioner's religion. 2.

Section 137 of the Bihar Panchayat Raj Act, 2006 provides that the election to any office of a Panchayat or a

Patna High Court CWJC No.10651 of 2016 dt.04-12-2018 2/2 Gram Katchahry shall not be called in question except by an 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