Fatma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20305 of 2021 ====================================================== Fatma Khatoon Wife of Nazir Ansari Resident of Village - Dhanouri, P.S. - Sanokhar, District- Bhagalpur.
... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The State Election Commission through its Secretary, State Election Commission, Bihar, Patna.
3.
The District Magistrate - cum- District Election Officer (Gram Panchayat), Bhagalpur.
4.
The District Panchayati Raj Officer, Bhagalpur. 5.
The Returning Officer, Prakhand Sanhaula cum the Block Development Officer, Sanhaula.
6.
The Nuresha Khatoon Wife of Sahim Resident of Village - Choti Naki, P.s. - Sanokhar, Distt. - Bhagalpur.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr. Ajay (GA-5) Mr. Girish Pandey, Advocate Mr. Amit Shrivastava, 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 It is evident from the pleadings on record that respondent No. 6 has been declared elected for the post of member of Panchayat Samitee Sadasya, Gram Panchayat, Sanhoula Pradesik in the district of Bhagalpur. Her election is sought to be challenged in the present writ application filed under Article 226 of the Constitution of India on the ground that
Patna High Court CWJC No.20305 of 2021(2) dt.17-05-2022 2/2 respondent No. 6 submitted a forged caste certificate issued in her favour.
This is purely an election dispute which does not deserve to be entertained 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