Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20173 of 2021 ====================================================== 1.

Chinta Devi Wife of Rameshwar Prasad Gupta. Resident of Village - Lalu Ke Dera, P.S. -Shahpur, District- Bhojpur.

2.

Rameshwar Prasad Gupta S/o Harishankar Gupta Resident of Village - Lalu Ke Dera, P.S. -Shahpur, District- Bhojpur.

... ... Petitioners

Versus

1.

The State of Bihar through its Principal Secretary Panchayat Raj Deptt. Govt. of Bihar, Patna.

2.

The Bihar State Election Commission, Patna, Bihar. 3.

The District Collector - cum- District Electoral Officer (Panchayat), Bhojpur.

4.

The District Panchayat Election Officer, Bhojpur. 5.

The Sub Divisional Officer, Bhojpur.

6.

The Circle Officer, Shahpur Block, Bhojpur.

7.

The Block Development Officer - cum- Electoral Officer, Shahpur Block, Bhojpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s :

Mr. Smt. Archana Meenakshee (GP-6) Mr. Girish Pandey, Advocate ====================================================== 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 petitioners' nomination for post the Mukhiya of Gram Panchayat in the district of Bhojpur was rejected by the Returning Officer which is under challenge in the present writ application. The petitioners also seeking quashing of letter dated 25.11.2021, whereby petitioners' request to issue caste

Patna High Court CWJC No.20173 of 2021(2) dt.17-05-2022 2/2 certificate has been rejected.

Primarily the dispute which the petitioner is attempting to raise in the present writ application relates to election for the post of Mukhiya. We do not find any special reason to interfere in this matter as the elections were held long back in 2021 and 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 does not deserve to be entertained.

This application is dismissed accordingly.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U