Ramesh Kumar Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3141 of 2018 =========================================================== Ramesh Kumar Yadav, Son of Late Raj Narayan Yadav, Resident of VillageNaurangiya, P.S.- Lakhaura, District- East Champaran. .... .... Petitioner
Versus
1. The State of Bihar.
2. The State Election Commission, Bihar, Patna.
3. The District Magistrate cum District Election Officer, Naurangiya Panchayat, Motihari, East Champaran.
4. The Returning Officer, Motihari Block, Motihari, East Champaran.
5. The Assistant Returning Officer, Motihari Block, Naurangiya Panchayat, Motihari, East Champaran.
6. The Booth Level Officer, Motihari Block, Motihari, East Champaran.
7. Akhilesh Kumar Singh @ Bada Babu Singh, Son of Alakh Narayan Singh, Resident of Village- Basbita, P.S.- Lakhaura Muffasil, Motihari Block, East Champaran.
.... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Ansul, Advocate Mr. Anuj Kumar, Advocate For the Respondent-State : Mr. Ajay -GA5 Mr. Pratik Kumar Sinha, AC to GA-5 For the Respondent-SEC : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-09-2018 At the outset, it has been brought to the notice of this Court by the learned counsel for the petitioner that for declaring the election of the respondent no.6 as Mukhiya of
Patna High Court CWJC No.3141 of 2018 dt.05-09-2018 2/2 Naurangiya Panchayat, Motihari, East Champaran as void, an election petition has already been filed before the Election Tribunal. The present writ petition has been filed exactly for the same relief.
2. Since the petitioner has already availed of statutory remedy, a parallel proceeding under extraordinary jurisdiction of this Court shall not be maintainable.
3. Accordingly, it is dismissed as not maintainable. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2018 Transmission Date NA