Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19318 of 2021 ====================================================== Ashok Kumar Yadav, Son of Late Brahmdev Yadav, Resident of VillageDholadandh (Khijuria), Post- Supaha, P.S.- Katoria, District- Banka. ... ... Petitioner/s

Versus

1.

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

2.

The State Election Commission through its Commissioner, Veerchand Patel Marg, Patna.

3.

The Secretary, State Election Commission, Veerchand Patel Marg, Patna. 4.

The District Magistrate-cum-District Election Officer (Panchayat), Banka. 5.

The Sub-Divisional Officer, Banka.

6.

The District Panchayat Raj Officer, Banka.

7.

The Block Development Officer-cum-Returning Officer, Gram Panchayat Dewasi at Katoria, Banka.

8.

Urmila Devi, Wife of Onkar Yadav, Resident of Village-Karda, PostInarawaran, P.S.- Katoria, District- Banka (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Ranjan, Advocate For the State :

Ms.Archna Meenakshee, G.P.-6 For the SEC :

Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 08-12-2021 The dispute relates to Panchayat election, which has already been held and result announced.

It is the petitioner's grievance that the petitioner's nomination paper was wrongly rejected by the Returning Officer in breach of statutory provisions under Rule 39 of the

Patna High Court CWJC No.19318 of 2021(2) dt.08-12-2021 2/2 Bihar Panchayat Election Rules, 2006.

In our opinion, this election dispute of the nature cannot be entertained in a proceeding under Article 226 of the Constitution of India.

This writ application is, accordingly, dismissed with an observation that the petitioner shall be at liberty to pursue his grievance before appropriate forum, in accordance with law. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U