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Patna High CourtCWJC/19845/2021dismissed

Sita Devi 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.19845 of 2021 ====================================================== Sita Devi Wife of Shyam Kumar Singh Resident of Village and P.O. - Janakpur, Ward No. 2, Gram Panchayat - Chand Chaur East P.O. - Janakpur, Block and P.S. Ujiyarpur, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3.

The State Election Commission, Bihar through the Secretary, State Election Commission, Bihar, Sone Bhawan, 3rd Floor, Beerchand Patel Marg, Patna800001. 4.

The Commissioner, State Election Commission, Bihar, Sone Bhawan, 3rd floor, Beerchand Patel Marg, Patna - 800001.

5.

The District Magistrate - cum- District election Officer (Panchayat), District - Samastipur, Bihar.

6.

The Block Development Officer - Cum - Returning Officer (Panchayat), Block - Ujiarpur, District- Samastipur, Bihar. 7.

Lalita Kumari Wife of Arun Kumar Singh Resident of Village and Post - Janakpur, Gram Panchayat - Chand Chaur East, Block and P.S. - Ujiyarpur, District- Samastipur.

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

For the Petitioner/s :

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

Mr.

====================================================== 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 the respondents to enquire into corrupt practices of respondent No. 7 and declare the petitioner as elected Mukhia of Gram Panchayat-Chand Chaur East in the district of Samastipur. In our opinion, this writ application raising election

Patna High Court CWJC No.19845 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