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Patna High CourtCWJC/18945/2021disposed

Hemant Kumar v. The State Of Bihar

2021-11-16Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18945 of 2021 ====================================================== 1.

Hemant Kumar Son of Late Ravindra Pratap Narayan Singh, resident of Village- Tajpur Patkholia, P.O. Tajpur Patkhauliya, P.S.- Keshariya, District - East Champaran at Motihari.

2.

Saumiya Raj Wife of Sri Sumit Kumar Singh, resident of Village - Fultakiya, Ward No. 4, P.O. and P.S. Keshariya, District - East Champaran at Motihari. 3.

Prince Ahmad Khan Son of Sri Reyaz Khan, resident of Village - Bathna, P.O. Bijadhari, P.S.- Keshariya, District - East Champaran at Motihari. 4.

Lalita Kumari Wife of Sri Chandrashekhar Mahto, resident of Village - Dhobopur Bansara, P.O. Kishanpur Baikunth, P.S. Hayaghat, District - Darbhanga.

5.

Arbind Tripathi Son of Sri Jaidev Tripathi, resident of Village - Ghoghiya, P.O. Mashrakh, P.S. Mashrakh, District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Panchayati Department, Government of Bihar, Patna.

3.

The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 4.

The State Election Commissioner, The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna. 5.

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

6.

The District Magistrate-cum-District Election Officer (Panchayat) East Champaran at Motihari, District - East Champaran at Motihari. 7.

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

8.

The District Magistrate-cum-District Election Officer (Panchayat), Saran at Chapra, District - Saran at Chapra.

9.

The Sub-Divisional Officer, Chakiya-cum-Returning Officer, East Champaran Zila Parishad Election, 2021 Territorial Constituency No. 31 (East Keshariya), District - East Champaran at Motihari. 10.

The Block Development Officer, Baheri-cum-Returning Officer, Panchayat Election, 2021, Gram Panchayat Raj, Chakwa Bharwari, DistrictDarbhanga. 11.

The Block Development Officer, Mashrakh-cum-Returning Officer, Panchayat Election, 2021, Gram Panchayat Raj, Bahrauli, District - Saran at Chapra.

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

For the Petitioner/s :

Mr. S.B.K.Mangalam, Adv.

For the SEC :

Mr. Amit Shrivastava, Sr. Adv.

Patna High Court CWJC No.18945 of 2021(2) dt.16-11-2021 2/2 Mr. Sanjeev Nikesh, Adv.

For the State :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 16-11-2021 The petitioners have confined their prayer for a direction to the Election Commission to call for CCTV footage and other records of the Panchayat Election recently held in the State of Bihar with regard to the constituency in question. He submits that he shall be satisfied if the Election Commission examines such CCTV footage and to see whether the election was conducted in a free and fair manner.

Learned counsel for the State Election Commission, Mr. Amit Shrivastava, has assured us that needful shall be done in regard to the constituency in question at the earliest in any case not later than four weeks. Communication shall be sent to the petitioner thereafter.

In view of above, no further direction is required. The petition is disposed of.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Ajay/-S.Sb/- U