Mossamat Urmila Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10933 of 2015 ====================================================== Mossamat Urmila Devi, wife of Late Hridaya Narain Singh, resident of ward no. 07, Chkla Nirmali, Supaul, Police Station Supaul, District Supaul .... .... Petitioner/s
Versus
1. The State of Bihar of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna
2. The District Magistrate, Supaul
3. The Executive Officer, Nagar Parishad, Supaul.
4. The Election Commission of State of bihar through its Secretary.
5. Madhu Anand, son of sri Shmbhu Prasad Swarnkar, resident of ward no. 25, Nagar Parishad, Supaul, Police Station-Supaul, District Supaul .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandeep Kumar, Adv. For the Respondent/s : Mr. Md. N. Hoda Khan, Adv. For the S.E.C. : Mr. Amit Shrivastava, Adv. Mr. Girish Kumar,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-03-2016 Heard learned counsel for the parties.
The petitioner has been disqualified under the orders of the State Election Commission passed in Case No. 6 of 2015 inter alia on grounds of having incurred the disqualification provided under Section 18(1)(g) of the Bihar Municipal Act, 2007 i.e she has been absconding in a criminal case. The complaint filed is present at Annexure-3 and charges the petitioner of being an absconder for a period of 1 year which is followed by order of attachment passed under the provisions of Code of Criminal Procedure. Mr. Sandeep Kumar learned counsel appearing on behalf of
Patna High Court CWJC No.10933 of 2015 (2) dt.03-03-2016 2/2 the petitioner is not in a position to dispute the allegation on facts that the petitioner has been absconding for more than 6 months and that the order of attachment were issued. In the circumstances discussed, no cause for interference with the order impugned is made out. The writ petition is disposed of.
Bibhash/- (Jyoti Saran, J) U