Amir Lal Singh v. The State Of Bihar Through Its Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19190 of 2021 ====================================================== Amir Lal Singh Son of Matab Rai Resident of Mohalla - Kurji Pul, Hamidpur, P.O. digha, P.S. Digha, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.
The Chief Electoral Officer, Bihar, Patna.
3.
The District Election Officer (Panchayat)- cum- The District Magistrate, Begusarai. 4.
The District Election Officer (Panchayat) - cum- The District Magistrate, Madhubani.
5.
The District Election Officer (Panchayat) - cum- The District Magistrate, Jehanabad. 6.
The District Election Officer (Panchayat) - cum- The District Magistrate, Rohtas.
7.
The District Election Officer (Panchayat) - cum- The District Magistrate, Gaya.
8.
The District Election Officer (Panchayat) - cum- The District Magistrate, Vaishali.
9.
The District Election Officer (Panchayat) - cum- The District Magistrate, Darbhanga.
10.
The District Election Officer (Panchayat) - cum- The District Magistrate, Samastipur.
11.
The Deputy Development Commissioner - cum- Senior Incharge (District Panchayat), Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Respondent/s :
Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 23-03-2023 None appears on behalf of the petitioner.
In the instant petition, petitioner has prayed for the following reliefs:-
Patna High Court CWJC No.19190 of 2021 dt.23-03-2023 2/3 "(i) For issuance of appropriate writ/order/directions for constitution of a high level enquiry committee into the misconduct committed by the respondents in awarding work contracts to their blue eyed favorite individuals without inviting any tender in terms with the constitutional mandate and the provisions as contained in the Bihar Financial Rules which is symptomatic of nepotism, corruption and cronyism.
(ii) For issuance of an appropriate writ/order/directions calling for the records from the office of the respondents in order to examine the transparency, credibility and fairness of the procurement process which was adopted by them in order to procure the election related articles/materials for Panchayat Election, 2021.
(iii) For issuance of an appropriate writ/order/directions directing the respondent no.1 to fix responsibility on the erring officials for playing truant with public money for their nefarious selfish interest under a systematic design and that the loss caused to the state exchequer on account of not confirming to the constitutional mandate an the provisions as contained in the Bihar Financial Rules of open tendering be realised from the pocket of the respondents concerned and they may be departmentally proceeded with and punished accordingly.
(iv) For issuance of any other writ/writs/order/orders or direction to which the petitioner may be found entitled to in the facts and circumstances of the case."
Petitioner has not arrayed necessary and proper parties for the reasons that in the prayer the petitioner has alleged that official respondents are awarding work contract to their favourite individuals without inviting any tender. In the absence of implead-
Patna High Court CWJC No.19190 of 2021 dt.23-03-2023 3/3 ing such of those persons, the present writ petition is not maintainable. Accordingly, the writ petition stands dismissed reserving liberty to the petitioner to file fresh petition. (P. B. Bajanthri, J) (Arun Kumar Jha, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA