Manoj Kumar Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18453 of 2019 ====================================================== Manoj Kumar Singh @ Manoj Kumar Son of Dina Nath Singh Resident of Village-Yado Rahimpur, P.O.-Chapiya, P.S.-Marhowrah, District-Saran. ... ... Petitioner/s

Versus

1.

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

The principal Secretary, Urban development Department and Housing Department, Government of Bihar, Patna.

3.

The Commissioner, Municipal Corporation, Saran at Chapra. 4.

The District Magistrate, Saran at Chapra.

5.

The Sub-Divisional Officer-Cum-Executive Officer, Marhowrah, Saran at Chapra.

6.

The Block Development Officer, Marhowrah, District-Saran at Chapra. 7.

The Secretary, State Election Commission, BIhar, Patna. 8.

Malti Devi Wife of Suman Nutt, Ward Councilor of Ward No.3. 9.

Nirmala Devi Wife of Deokumar Ram, Ward Councilor of Ward No.4. 10.

Gita Devi Wife of Raju Sah @ Raj Kishore Sah, VWard Councilor of Ward No.5.

11.

Sita Devi, Wife of Shambhu Mahto, Ward Councilor of Ward No.6. 12.

Gita Devi, Wife of Sudish Rai Ward Councilor of Ward No.7. 13.

Salu devi Wife of Bhanu Pratap Singh Ward Councilor of Ward No.8 14.

Bipin Bihari Singh Son of not Known, Ward Councilor of Ward No.9. 15.

Amarjeet Prasad Son of not Known, Ward Councilor of Ward No.10 16.

Lalan Prasad Rai, Son of Munshi Rai Chief Ward Councilor of Marhowrah Nagar Panchayat, District-Saran at Chapra.

17.

Mira Devi, Wife of Eavi Shankar Singh Ward Councilor of Ward No.13. 18.

Jitendra Sah Son of not Known, Ward Councilor of Ward No.14. 19.

Rakhi Kumar Wife of Bishnu Kumar Gupta, Ward Councilor of Ward No.15. 20.

Gopal Ram Son of not Known, Ward Councilor of Ward No.16., 8 to 20 are the Ward Councilors of Nagar Panchayat,, Marhowrah, District-Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Yogendra Prasad Sinha (Aag7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

Patna High Court CWJC No.18453 of 2019(3) dt.21-06-2023 2/2 21-06-2023 No one appears on behalf of the petitioner.

On 18.05.2023 also there was no representation when the matter was taken up by a coordinate bench. The petition has been filed for quashing of the Election Certificate dated 02-07-2019 issued by the Election Officer/Chairman/Executive Officer-cum-Sub Divisional Officer, whereby and whereunder Lalan Prasad Rai has once again been declared Chief Ward Councilor of Nagar Panchayat, Marhowrah, Saran at Chapra in utter violation of the provisions of the Bihar Municipal Act and concerned Rules and Regulations as well as without jurisidcition and also to declare void ab initio to the proceeding of the meeting, which was scheduled to be held.

It has been contended by the learned counsel for the State that with the passage of time the writ petition has become infructuous and fresh election has also taken place. Considering the aforesaid submission, the petition stands dismissed as infructuous.

(Rajiv Roy, J) Prakash Narayan /- U