Patna High CourtCWJC/15844/2014dismissed

Shagufa Khatoon v. The State Of Bihar And ORS

2018-08-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15844 of 2014 ====================================================== Shagufa Khatoon wife of Syed Arif Hussain Resident of village - Jalki, P.S. Azamnagar, District - Katihar.

.... .... Petitioner

Versus

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

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

3. The State Election Commissioner, Bihar, Sone Bhawan, Birchand Patel Path, Patna.

4. The District Magistrate-cum-District Election Officer, Katihar.

5. The Block Development Officer, Azamnagar Block District - Katihar.

6. The Sub-Divisional Officer, Barsoi, District - Katihar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the State : Mr. M. Haque, GP-12 Mr. Manish Kumar, A.C. to GP-12 For the Election Commission : Mr. Amit Shrivastava, Adv. Mr. Sanjeev Nikesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-08-2018 No body appears for the petitioner. Learned counsel for the State and learned counsel for the State Election commission are present.

This writ petition has been filed for quashing the order dated 22.08.2014 passed by the respondent State Election Commission in Case No. 134 of 2011 whereby and whereunder the petitioner, who was elected as Mukhia of Gram Panchayat Jalaki, Block-Azamnagar, DistrictKatihar was declared disqualified under Section 136(2) of the Bihar Panchayati Raj Act, 2006.

Patna High Court CWJC No.15844 of 2014 (3) dt.20-08-2018 2/2 Since the dispute relating to disqualification of the petitioner is in respect of an election, which was held in the year 2011 and the term for which the petitioner was elected has already expired and a fresh election for the post of Mukhia has also taken place in the year 2016, this application has virtually become infructuous. Accordingly, it is dismissed as infructuous. (Ashwani Kumar Singh, J) Pradeep/SkSuman.