Smt. Indu Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1517 of 2013 ====================================================== Smt. Indu Devi W/O Kailash Prasad Mandal Resident Of Ganga Karharia Panchayat, Kasimpur, P.S. Goradiah, Distt.- Bhagalpur .... .... Petitioner/s
Versus
1. The State Of Bihar
2. District Magistrate, Bhagalpur
3. District Panchayat Raj Officer, Bhagalpur
4. Saraswati Devi W/O Tarkeshwar Mandal Resident Of VillageKasimpur, P.S. Goradiah, Distt.- Bhagalpur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 24-11-2015 Heard the learned counsel for the petitioner. Calling in question the impugned order by which the prayer of the petitioner to call for certain documents has been rejected, the present application under Article 227 of the Constitution of India has been filed.
The learned counsel for the petitioner has submitted that the learned court below has committed illegality in rejecting the petition as the documents which were prayed to be called were relevant for determination of the issues in the suit. After considering the submissions and the perusal of the impugned order, it is manifest that the learned court below has
Patna High Court CWJC No.1517 of 2013 (3) dt.24-11-2015 recorded that the petitioner has failed to establish prima facie case in his favour for calling for the documents as prayed. It has been specifically found by the court that no detail or description of the notification sought to be called for has been mentioned in the petition. The learned court below has also taken into consideration the well settled principle that the secrecy of the ballot papers is to be maintained and no roving or fishing enquiry should be embarked upon.
This Court does not find illegality or irregularity in the impugned order. The writ application is accordingly, dismissed.
(V. Nath, J) Devendra/- U