Patna High CourtCWJC/10317/2015dismissed

Soni Kumari @ Soni Devi v. The State Of Bihar And ORS

2018-11-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10317 of 2015 ====================================================== Soni Kumari @ Soni Devi Wife of Dhananjay Sharma resident of Mohalla - Jheelganj, Police Station - Kotwali, District - Gaya ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna

2. The D.M. - Cum - Returning Officer, Gaya

3. The Superintendent of Police, Gaya

4. The Station House Officer, Civil Lines, Gaya

5. The State Election Commission, Sone Bhawan, Birchand Patel Path, Patna

6. Arun Kumar Sharma Son of Late Gopal Sharma resident of village - Soniyama, Police Station Dulhin Bazar, District - Patna

7. Manisha Srivastava Wife of Sri Akhauri Onkar Nath @ Mohan Srivastava resident of Mohalla - Jheelganj, Nai Godam More, Police Station - Kotwali, District - Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithlesh Prasad Singh For the Respondent/s :

Mr. Gp6- Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-11-2018 The petitioner has filed the instant writ petition for the following reliefs :- (i) For setting aside the notice bearing No. 690 dated 19.03.2015 issued by the Deputy Secretary, State Election Commission, Bihar, Patna whereby and whereunder notice has been issued to the petitioner in Case No. 09/2015 for her appearance.

(ii) For stay of Case No. 09/2015 pending before the State Election Commission, Bihar, Patna filed by the Respondent No.6 as for the same relief Election Petition

Patna High Court CWJC No.10317 of 2015(2) dt.26-11-2018 2/2 No.1/2012 is pending in the court of Civil Judge-1st (Senior Division) Gaya.

Despite repeated calls, no one appears for the petitioner to press the writ petition.

Learned counsel appearing for the State Election Commission submitted that the writ petition has become infructuous due to efflux of time as the issues raised in the instant writ petition relate to election of Gaya Municipal Corporation held in the year 2012.

Since the term of the office for which the election of the Gaya Municipal Corporation was held in the year 2012 lapsed in 2017, the writ petition has become infructuous. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J) pradeep/- U