Patna High CourtC. REV./427/2017withdrawn

Hushn Bano @ Hushana Bano @ Hushna Bano v. The State Election Commission, Bihar, Patna And ORS

2019-02-13Mr. Justice Dinesh Kumar Singh,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.427 of 2017 ====================================================== Hushn Bano @ Hushana Bano @ Hushna Bano, wife of Ajmat Ali, resident of Village- Sabarchak @ Soomarchalk, P.S. Mohanpur, P.O. Amvatri @ Ambatari, District- Gaya.

... ... Petitioner/s

Versus

The State Election Commission, Bihar, Patna (inadvertently made party in writ petition in place of the Commissioner, State Election Commissioni (Panchayat), Bihar, Patna;

2. The Secretary, Government of Bihar, Patna (inadvertently made party in writ petition in place of the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna;)

3. The District Magistrate, Gaya D.M. Office, Gaya (inadvertently made party in writ petition in place of District Election Officer (Panchayat)-cum-District Magistrate, Gaya)

4. Sub- Divisional Officer, Sherghati, SDM Sherghati Office, Gaya.

5. The Block Development, Officer-cum- ARO Mohanpur, District- Gaya.

6. Dulari Devi, wife of Kedar Malakar Souse (Spondor) of Deonandan Prasad Yadav, resident of Village- Sind hugarh, P.S. Mohanpur, District Gaya.

7. K.K. Yadav, Election Supervisor of Mohanpur Block, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 13-02-2019 After some arguments, learned counsel for the petitioner seeks permission to withdraw the present civil review application with a liberty to avail the alternative remedy under the Bihar Panchayat Raj Act and the Panchayat Election Rules framed thereunder as held by the Writ Court.

Accordingly, the civil review application is permitted to be withdrawn with the liberty aforementioned.

Patna High Court C. REV. No.427 of 2017(5) dt.13-02-2019 2/2 However, it is made clear that if the petitioner, so advised, approaches the appropriate authority to avail the alternate remedy along with an application for condonation of delay, the question of condonation of delay will be considered by the authority concerned keeping in view the fact that the matter was pending before this Court since 18.10.2017. (Dinesh Kumar Singh, J) ( Anil Kumar Upadhyay, J) Ashwini/- U