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Patna High CourtCWJC/19640/2021dismissed

Asha 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.19640 of 2021 ====================================================== 1.

Asha Devi Wife of Harendra Ray, Resident of Musepur, Kutlupur, Police Station-Bihta, Patna, Bihar.

2.

Pushpa Devi, Wife of Manoj Kumar, Resident of Sherpurwa, Narayanpur, Police Station-Bihta, Patna, Bihar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Department of Panchayati Raj, Government of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, New Secretariat, Patna.

3.

State Election Commission through State Election Commissioner, Sone Bhawan, near R-Block, Daraga Rai Path, Patna, Bihar. 4.

State Election Commissioner, Sone Bhawan, Daroga Rai Path, near RBlock, Patna, Bihar. 5.

District Magistrate cum District Election Officer, (Panchayat) Patna, District-Patna.

6.

Block Development Officer, cum Returning Officer, Bihta, District-Patna. 7.

Shobha Kumari, Wife of Shailesh Kumar, Resident of Village-Narainpur, Police Station-Bihta, District-Patna.

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate Mr. Shyam Nandan Thakur, Advocate For the Respondent/s :

Mr. Ajay (GA-5) Mr. Girish Pandey, Advocate Mr. Amit Shrivastava, Advocate ====================================================== 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 attempting to raise an election dispute arising out of an election to the post of Mukhia under the Bihar Panchayat Raj Act, 2006.

Patna High Court CWJC No.19640 of 2021(2) dt.17-05-2022 2/2 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 application is accordingly dismissed.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U