Abha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7296 of 2016 ====================================================== Abha Kumari, wife of Jitendra Rai, resident of Village- Azarakve, Panchayat- Kalyanpur North, Block & P.S.- Bibhutipur, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate -cum- Collector, Samastipur.

2. The Secretary, State Election Commission, Bihar, Patna.

3. The District Panchayat Raj Officer, Samastipur.

4. The Block Development Officer -cum- Returning Officer, Bibhutipur Block, District- Samastipur.

5. The Gram Panchayat Supervisor, Bibhutipur Block, DistrictSamastipur.

6. The Panchayat Secretary, Kalyanpur North Panchayat in-charge Mustafapur Panchayat, Bibhutipur Block, District- Samastipur.

7. The Booth Level Officer, Ward Nos.13 and 14, Kalyanpur North Panchayat, Block- Bibhutipur, District- Samastipur.

8. Nakun Choudhary, son of Mahavir Choudhary, resident of VillageAzarakve, Panchayat- Kalyanpur North, Block & P.S.- Bibhutipur, District- Samastipur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Respondent-State : Mr. Gyan Prakash Ojha, GP-22 For the Respondent-SEC : Mr. Amit Shrivastava Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-05-2016 In the disputed circumstances that is reflecting where the petitioner herself claims that she is resident of Village- Azarakve and taking note of the notification published in Gazette which does not reflect that village Azrakve falls under Gram Panchayat, Kalyanpur North rather falls in Gram Panchayat Mustafapur, I am not persuaded to interfere with the decision taken by the election authorities to shift the name of

Patna High Court CWJC No.7296 of 2016 (7) dt.06-05-2016 the petitioner to Gram Panchayat, Mustafapur. The petitioner if so advised should take recourse to the remedy available to her in law for getting her name transferred to Gram Panchayat, Kalyanpur North but in view of her own admission, no cause for indulgence is made out. The writ petition is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- U