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Patna High CourtCWJC/5647/2017disposed

Pankaj Kumar Singh v. The State Election Commission Panchayat And ORS

2017-06-30Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5647 of 2017 =========================================================== Pankaj Kumar Singh, son of late Pran Mohan Singh, resident of Village Laskara, P.O. Khapra, P.S. Tetiya Bumber (Sangrampur), District Munger .... .... Petitioner/s

Versus

1. The State Election Commission ( Panchayat ), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.

2. The State Election Commissioner, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna

3. The Secretary, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna

4. The District Election Officer (Panchayat)-cum-District Magistrate, Munger, District Munger.

5. Ganesh Yadav, son of Mahipal Prasad Yadav, resident of Village Chandrapura, P.O. Lagma, P.S. Tetiya Bumber (Sangrampur), District Munger. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. S. B. K. Mangalam, Advocate For the State Election Commission :

Mr. Amit Shrivastava with Mr. Girish Pandey, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 30-06-2017 Heard learned counsel for the petitioner; State and State Election Commission.

Patna High Court CWJC No.5647 of 2017 dt.30-06-2017 2/2

2. At the very outset, learned counsel for the petitioner submitted that he has filed a petition before the State Election Commission under Section 136(2) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act').

3. Learned counsel for the State Election Commission submitted that as from the writ application the date of filing of the petition is not appearing, the petitioner may be directed to file a fresh petition which will be considered in accordance with law.

4. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a fresh petition under Section 136(2) of the Act within one week from today along with a copy of this order. Upon filing of such representation, the State Election Commission shall look into the same and after giving notice to the parties concerned shall dispose off the same within three months thereafter. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U