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Patna High CourtCWJC/21280/2014disposed

Zafiruddin Khan v. The State Of Bihar And ORS

2015-04-03Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21280 of 2014 ======================================================

1. Zafiruddin Khan Son of Sh. Zabir Khan resident of Mohalla- Basuham, P.S.- Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Housing and Urban Development, government of Bihar, Patna.

2. The Principal Secretary, Department of Housing and Urban Development, Government of Bihar, Patna.

3. The Deputy Secretary, Department of Housing and Urban Development, Government of Bihar, Patna.

4. The Divisional Commissioner, Darbhanga.

5. The Executive Officer, Nagar Parishad, Benipur, Darbhanga.

6. The State Election Commission, Bihar through the State Election Commissioner.

7. The State Election Commissioner, State Election Commission, Bihar, Patna.

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

9. The Deputy Secretary, State Election Commission, Bihar , Patna.

10. Smt. Kanija Khatoon, Ward Councillor, Ward No. 04, Wife of Shahid Husain resident of Bahera, P.s. Bahera, District - Darbhanga.

11. Smt. Asama Nizam, Ward Councilor, Ward No. 05, Wife of Nizamuddin Ansari, resident of Mohalla-Mohammedpur(Zamiyanagar), P.O. Bahera, P.S. Bahera, District Darbhanga

12. Sh. S.M. Ali Imam, Ward Councilor. Ward No. 07 Son of Syed Md. Zarif Mohalla - Basuham (Kajiyana), P.S. Bahera, District - Darbhanga.

13. Smt. Radhika Devi, Ward Councilor, Ward No. 14, Son of Ramnah Choudhary, resident of Mohalla - Basuham (Kajuyana), Mohalla- Baheda, P.S. Bahera, District- Darbhanga.

14. Smt. Baby Thakur, Ward Councilor, Ward No. 15 Son of Ram Bhushan Thakur, resident of Mohalla - Majhauda, P.S. Bahera, District- Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani, Adv. For the Respondent/s : Mr. Neelu Agrwal, G.A. 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-04-2015 The petitioner prays for disqualification of the private respondents inter alia on grounds that they have not been attending the meetings of the Nagar Parishad continuously.

Patna High Court CWJC No.21280 of 2014 (2) dt.03-04-2015 2 / 2 Although Mr. Tej Bahadur Singh learned Senior counsel for the petitioner refers to a complaint present at Annexure-16 but the complaint in its present form does not explain the grievance and requires to be more explanatory.

In the circumstances, this writ petition is disposed of with liberty to the petitioner to file a duly constituted complaint before the State Election Commission by arraigning the defaulting Ward Councillors in the petition and any such application being filed by the petitioner shall be considered and disposed of by the Election Commission expeditiously in accordance with law and after hearing the affected parties.

(Jyoti Saran, J) Bibhash/- U