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Patna High CourtCWJC/20048/2021dismissed

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.20048 of 2021 ====================================================== Asha Devi W/o Late Krishna Sharma, Resident of Village-Near Durga Mandir, Ward No.-13, Basantpur, P.S.-Birpur, Distt-Supaul. ... ... Petitioner

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Paanchayati Raj Department, Govt. of Bihar, Patna.

2.

The State Election Commission, Bihar, Patna.

3.

The Chief Election Commissioner, Bihar, Patna. 4.

The District Election Officer-cum-District Magistrate, Supaul. 5.

The Election Officer (Panchayat)-cum-Block Development Officer, Basantpur, Distt-Supaul.

6.

Neha Mausam Kherwar, Wife of Mausham Kherwar, Elected Mukhiya, Gram Panchayat Raj Basantpur, Block-Basantpur, Distt-Supaul. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Rajpati, Advocate For the Respondent/s :

Mr. Kameshwar Pd. Gupta (GP-10) ====================================================== 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 in relation to election of Respondent No. 6 as the Mukhiya of Gram Panchayat, Basantpur in the district of Supaul. He has a grievance relating to total votes cast in the said Gram Panchayat.

In our opinion, this writ application raising election dispute does not deserve to be entertained in the facts and

Patna High Court CWJC No.20048 of 2021(2) dt.17-05-2022 2/2 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