Sanjeev Kumar Kapar v. The State Election Commission, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14716 of 2025 ====================================================== Sanjeev Kumar Kapar Son of Chandeshwer Kapar, Permanent resident of House No. 38, Village- Rampur Haripur, Post- Chundauna, P.S.- Pupri, District- Sitamarhi- 847303 (Bihar).

... ... Petitioner/s

Versus

1.

The State Election Commission, Bihar, Patna through the State Election Commissioner, 3rd Floor, Sone Bhawan, Veer Chand Patel Path, Patna. 2.

The Secretary, State Election Commission, 3rd Floor, Sone Bhawan, Veer Chand Patel Path, Patna.

3.

The Officer on Special Duty, State Election Commission, 3rd floor, Sone Bhawan, Veer Chand Patel Path, Patna.

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

For the Petitioner/s :

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

Mr.Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2025 The defect about the typed copy is ignored for the present.

2. The present writ application has been filed for the following reliefs:- a. For issuance of an appropriate writ in the nature of Certiorari or any other writ of similar nature for quashing of the Part '(ग)' of the order dated 25.06.2025 where under the Respondent authority has passed an order to the District Election Officer -cum- District Magistrate, Darbhanga to initiate Form 'A'

i.e. प्रपत्र'

कfor disciplinary action against the writ petitioner and sent along with evidence to his disciplinary authority/parental

Patna High Court CWJC No.14716 of 2025(2) dt.25-09-2025 2/2 department and copy of it will be made available to the Commission, in case no. 42 of 2023, titled as Sudhira Devi Vs. Akhtar Shanshah.

b. For issuance of a direction, order, writ, including writ of Mandamus directing the concerned respondent authorities have not to take any action against the petitioner on the basis of the aforementioned finding in the order dated 25.06.2025 in case no.42 of 2023 as the same is in the teeth of law.

3. In my view this application has been filed prematurely. If the petitioner has been issued show cause, he shall file reply to the show cause. The petitioner is also granted liberty to file a fresh writ petition in accordance with law, if he is punished in any departmental proceeding.

4. Accordingly, this application stands dismissed. (Sandeep Kumar, J) tusharika/- U