Patna High CourtL.P.A/1328/2012dismissed

Juhi Begum v. The State Of Bihar And ORS

2015-03-25Mr. Justice Jitendra Mohan Sharma,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1328 of 2012 In Civil Writ Jurisdiction Case No. 9120 of 2012 ====================================================== Juhi Begum Wife of Harun Mian Resident of Shivganj, Ward No. 6, P.O. Narkatiyaganj, P.S. Shikarpur, District - West Champaran, Candidate, Ward No. 8 , Nagar Parishad, Narkatiaganj, West Champaran. .... .... Appellant.

Versus

1. The State of Bihar.

2. The State Election Commissioner, State Election Commission, Patna.

3. The Additional State Election Commissioner, State Election Commission, Patna.

4. The Secretary, State Election Commission, Bihar, Patna.

5. The District Returning Officer Cum District Magistrate, Bettiah, West Champaran.

6. The Returning Officer, Nagar Parishad Cum Sub Divisional Officer, Narkatiyaganj, West Champaran

7. Rashmi Verma Wife of Not Known Resident of Ward No. 8, Narkatiyaganj, District - West Champaran

8. Rohini Verma Wife of Not Known Resident of Ward No. 8, Narkatiyaganj, District - West Champaran. .... .... Respondents. ====================================================== Appearance :

For the Appellant : Mr. Naresh Chandra Verma Mr. Abhitabh Kumar For the Respondents : Mrs. Nivedita Nirvikar, GA-10 Mr. Manoj Kumar, AC to GA-10.

For Respondent Nos.2 to 4: Mr. Amit Shrivastava Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 25-03-2015 After having heard learned counsel for the appellant

Patna High Court LPA No.1328 of 2012 (02) dt.25-03-2015 - 2 - and the respondents, we are satisfied that the learned Single Judge has rightly decided the issue that once the election has taken place the writ petition cannot challenge the result thereof or rejection of nomination rightly or wrongly. The remedy was by way of an election petition and the writ petition was not maintainable. Accordingly, this appeal is dismissed.

(Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) Trivedi/- U