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Patna High CourtCWJC/18790/2021disposed

Anil Ram v. The State Of Bihar

2021-11-02The Chief Justice -,Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18790 of 2021 ====================================================== Anil Ram, S/o Banshi Ram R/o Village- Kauru Dhauru, P.S.- Manjhi, DistrictSaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The State Election Officer, Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Saran Division, Saran, Chapra. 5.

The Collector-cum- District Election Officer (Panchayat), Saran, Chapra. 6.

The Deputy Inspector General, Saran Range, Chapra. 7.

The Superintendent of Police, Saran, Chapra.

8.

The Sub- Divisional Officer, Saran, Chapra.

9.

The Block Development Officer, Manjhi, Chapra. 10.

The Circle Officer, Manjhi, Chapra.

11.

The Station House Officer, Manjhi Police Station, Manjhi, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagnnath Singh, Advocate For the Respondent/s :

Mr.Ajay, G.A. 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-11-2021 Petitioner has prayed for the following relief(s):" "For issuance of a writ in the nature of mandamus or any other appropriate Writ/Rule/Direction commanding the respondent authorities to make the counting of the votes in accordance with the provisions as enumerated under Chapter 10, Rule 72 to 83 of Bihar Panchayat Election Rules, 2006 which has not been done in

Patna High Court CWJC No.18790 of 2021 dt.02-11-2021 2/2 accordance with the provisions prescribed under Chapter 10 but the counting of votes has been done according to the whims and wishes of the Block Development Officer, Manjhi and the result have been published without giving any entry either the candidate or their counting agents or election agents/ without obtaining their signature for their participation in the counting of votes as provided under Rule 74 of Bihar Panchayat Election Rules, 2006." Having heard learned counsel for the petitioner, in the peculiar facts and circumstances of this case, we are not inclined to issue notice, more so for the reason that the process of counting of votes already stands concluded on 1st October, 2021. The petitioner filed this petition only in the last week of October, 2021.

All issues are left open.

Aggrieved party to take up the matter in an appropriate proceedings.

The present petition stands disposed of.

(Sanjay Karol, CJ) ( P. B. Bajanthri, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 03.11.2021 Transmission Date