Baidya Nath Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19781 of 2021 ====================================================== Baidya Nath Prasad Yadav Son of Late R.R. Mandal Resident of VillageRadha Wash- 2920/574, Road No.- 14, Rajeev Nagar, P.S.- Rajeev Nagar, District- Patna, Permanent resident of Village- Bathan Parsa, P.S.- Shankarpur, P.O.- Bathan Parsa, District- Madhepura. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

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

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

4.

The Returning Officer, Gram Panchayat Raj, Parsa, Madhepura. 5.

The State Election Commission, Mangles Road, Near Secretariat, Bihar. 6.

The State Election Officer, The State Election Commission, Mangles Road, Near Secretariat, Bihar.

7.

Balkrishna Yadav @ Dablu Yadav S/o Jagdish Yadav Resident of VillageBhaluwa, P.O.- Bathan Parsa, P.S.- Shankarpur, District- Madhepura. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Alok (SC-7) ====================================================== 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 declare nomination paper filed by respondent No. 7 for panchayat election for Gram Panchayat Parsa, Shankarpur in the district of Madhepura as null and void since he contested the election disclosing wrong facts in the affidavit. In our opinion, this writ application raising election

Patna High Court CWJC No.19781 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