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Patna High CourtCWJC/21568/2013dismissed

Smt. Pinki Devi v. The State Of Bihar And ORS

2016-04-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21568 of 2013 ======================================================

1. Smt. Pinki Devi (Ex- Mukhiya) W/O Shiv Yadav Gram PanchayatBaisa, Block And P.S- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. State Election Commission, Bihar, Patna.

3.District-Magistrate-Cum-District-Election Officer, (Panchayat), Khagaria.

4. Sub- Divisional Magistrate, Gogri, Khagaria.

5. Manoj Kumar S/O Brahmdev Mandal Village- Post Baisa, P.S- Parbatta, District- Khagaria.

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

For the Petitioner/s : Mr. Lalan Kumar, Adv. For the Respondent/s : Mr. Gautam Bose, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-04-2016 None appears on behalf of the petitioner.

Learned counsel for the State and the State Election Commission are present.

Perused the records which manifests that the petitioner is elected Mukhiya, Gram Panchayat, Baisa, in the district of Khagaria and is aggrieved by the order dated 16.9.2013 passed by the State Election Commission in Election Case No. 7 of 2013 whereby the election of the petitioner to the post of Mukhiya has been set aside inter alia on grounds that she was under age on the date of filing of nomination. By the same order, the State Election Commission has also directed for institution of a criminal case for impersonation against the petitioner. The order was passed in 2013

Patna High Court CWJC No.21568 of 2013 (2) dt.18-04-2016 2/2 and there is nothing on record whether it has been acted upon nor there is any representation on behalf of the petitioner. Besides, by the issuance of notification under Section 124 of the Bihar Panchayat Raj Act, 2006 fresh Election process has been initiated thus rendering the writ petition in so far as it relates to restoration to the post of Mukhiya is concerned, academic. However, since none appears on behalf of the petitioner to press the writ petition, it is dismissed for non prosecution. (Jyoti Saran, J) Bibhash/- U