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Patna High CourtCWJC/19317/2021dismissed

Anita Devi @ Anita Singh v. The State Of Bihar

2022-05-17Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19317 of 2021 ====================================================== Anita Devi @ Anita Singh W/o-Pappu Kumar Resident of Village and P.O.- Non Pharwa, P.S.-Patahi, District-East Champaran (Motihari) ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Panchayati raj Department, Govt. of Bihar,Patna.

2.

The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Path, Patna.

3.

The State Election Commissinoer, Sone Bhawan Birchand Patel Path, Patna. 4.

The Secretary State Election Commission, Sone Bhawan, Birchand Patel Path, Patna.

5.

The Distr4ict Magistrate-Cum-District Election Officer, East Champaran Motihari.

6.

The Returning Officer (Zila Parishad)-Cum-Sub Divisional Officer, Pakari dayal, East Champaran, Motihari.

7.

Abha Devi W/o-Guddu Singh Resident of Village and P.o.-Bakhari, P.S.- Patahi, District-East Champaran (Motihari) ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. P. N. Shahi ( AAG-6 ) ====================================================== 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 There is no representation on behalf of the petitioner. The petitioner is seeking a direction in the present proceeding under Article 226 of the Constitution of India for recounting of votes cast at one of the polling booths for election to the post of Mukhia, Patahi Prakhand in the district of East

Patna High Court CWJC No.19317 of 2021(2) dt.17-05-2022 2/2 Champaran (Motihari).

In our opinion, this writ application raising election 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