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Patna High CourtCWJC/19226/2021dismissed

Dulari Devi v. The State Of Bihar

2022-05-17Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19226 of 2021 ====================================================== Dulari Devi Wife of Late Sakaldeo Yadav Resident of Village - Mahuari, P.S. - Khiri More, District- Patna.

... ... Petitioner

Versus

1.

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

2.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 3.

The Commissioner, State Election Commission, Bihar, Patna. 4.

The District Magistrate - cum- Returning Officer, Patna. 5.

Chiranjeev Pandey Block Development Officer - cum- Election Officer, Paliganj, District Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Respondent/s :

Mr. Smt. Archana Meenakshee (Gp6) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 17-05-2022 The petitioner is seeking a direction to produce CCTV footage and EVM Machine slip showing details of the votes cast in favour of each of the candidate for election for the post of Mukhia of Dahiya Panchayat in the district of Patna. It appears from the pleadings on record that the petitioner is seeking relief for the purpose of raising an election dispute.

In our opinion, this writ application raising election

Patna High Court CWJC No.19226 of 2021(2) dt.17-05-2022 2/2 dispute does not deserve to be entertained in the facts and circumstances of this case, in view of the provision under Article 243 O of the Constitution and Section 138 of the Bihar Panchayat Raj Act, 2006 read with Rule 106 of the Bihar Panchayat Election Rules, 2006.

This writ application is accordingly dismissed. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U