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Patna High CourtCWJC/16171/2022dismissed

Anand Prakash v. The State Of Bihar

2023-02-25Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16171 of 2022 ====================================================== Anand Prakash Son of Rajgiri Singh Resident of Village-Bishunpur Taraura, P.S.-Mahua, District-Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Urban Housing and Development Department, Govt. of Bihar, Patna. 2.

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

3.

The State Election Commission, Bihar through its Secretary, Sone Bhawan, Patna.

4.

The State Election Commissioner, Sone Bhawan, Patna. 5.

The Chief Electoral Officer, Bihar.

6.

The District Magistrate- District Election Officer (Municipality), Vaishali at Hajipur.

7.

The District Panchayati Raj Officer, Vaishali at Hajipur. 8.

The Sub-Divisional Officer-Cum-Returning Officer, Municipal Election, Vaishali at Hajipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dharmendra Kumar Paswan, Advocate For the Election Commission :

Mr. Sanjeev Nikesh, Advocate For the State :

Mr. Yogendra Pd. Sinha, AAG-7 with Mr. Shanker Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 25-02-2023 The petitioner has challenged the validity of Section 18(1) (m) of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Municipal Act') being ultra vires under Article 14 of the Constitution of India.

Since a Co-ordinate Bench of this Court, in its judgment

Patna High Court CWJC No.16171 of 2022(2) dt.25-02-2023 2/2 rendered on 04.10.2022 in C.W.J.C. No. 14221 of 2022 (Bhola Prasad vs State of Bihar & Ors.), has upheld the validity of the said provision, the challenge no more survives. This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, ACJ) (Madhuresh Prasad, J) rajkishore/- U