Pushpa Kumari @ Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17674 of 2021 ====================================================== Pushpa Kumari @ Pushpa Devi Wife of Kareneshky Gautam, of VillageKoiribigha P.S.-Main Distt.-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary of Bihar Patna. 2.

That the Chief Electoral Officer, Bihar.

3.

The District Magistrate Gaya.

4.

The Returning Officer Cum Block Devlopment Officer, Bela District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar Singh, Adv For the Respondent/s :

Mr. P N Shahi ( AAG-6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 10-05-2022 The petitioner, in the present writ application under Article 226 of the Constitution of India, has raised election disputes relating to election for the post of Mukhiya of Kormatthu Panchyat in the District of Gaya.

In our opinion, it is impermissible for the petitioner to raise election dispute in a proceeding under Article 226 of the Constitution of India. The only remedy available to the petitioner to question the election was by filing an election petition.

This application, in our opinion, is misconceived and

Patna High Court CWJC No.17674 of 2021(2) dt.10-05-2022 2/2 is accordingly dismissed.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U