Patna High CourtCWJC/9287/2017dismissed

Nand Kishore Yadav v. The State Of Bihar And ORS

2018-07-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9287 of 2017 ====================================================== Nand Kishore Yadav Son of Ramnarayan Ray, Resident of VillageMankauli, P.S.-Kudhani, District-Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar (through the Principle Secretary, Panchayati Raj Department, Govt. of BIhar).

2. The Collector, (District Election Officer), Muzaffarpur.

3. The District Panchanyati Raj Officer, Muzaffarpur.

4. The Block Development Officer (Returning Officer), Kudhani Block Muzaffarpur.

5. The State Election Commission, Bihar, Patna.

6. Mrityunjay Kumar @ Gopi Yadav (Elected Mukhiya), Gram Panchayat Raj Kudhani, Kudhani Block, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the State : Mr. Kumar Alok-Sc7 For SEC : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-07-2018 Section 137 of the Bihar Panchayat Raj Act, 2006 (for short 'the Act') prescribes that the election of any office of a Panchayat or a Gram Katchahry shall not be called in question except by an election petition.

Rule 106 of the Bihar Panchayat Election Rules, 2006 prescribes that an election petition against the elected

Patna High Court CWJC No.9287 of 2017 (2) dt.18-07-2018 2/2 candidate may be filed under Section 137 of the Act before the prescribed Court of Law within thirty days from the date of declaration of the election results.

In the present case, the petitioner has prayed for quashing the result of Mukhiya Kudhani Gram Panchayat in Kudhani Block, which was held in the year 2016 in which one Mrityunjay Kumar @ Gopi Yadav (respondent no. 6) was declared elected. The result of the said election had been published on 03.06.2016 and the petitioner had not filed any election petition.

Since the petitioner has not filed any election petition challenging the election of the returned candidates, this Court is of the opinion that no relief can be granted by this Court in exercise of extraordinary writ jurisdiction. Accordingly, the writ petition, being devoid of any merit is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- U