Patna High CourtCWJC/3876/2015dismissed

Sanjay Kumar Singh v. The State Of Bihar And ORS

2018-10-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3876 of 2015 ====================================================== Sanjay Kumar Singh son of Paras Nath Singh resident of village - Pararia, Post - Barahara , Police Station - Barahara, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Election Commission through its Secretary, Sone Bhawan , Third Floor, Virchand Patel Path , Patna.

3. The District Magistrate-Cum-District Election Officer, Gram Panchayat Barhara, District- Bhojpur.

4. The Returning Officer-Cum-Block Development Officer, Barahara, District- Bhojpur

5. The Assistant Returning Officeer-cum-BAO-Barahara, District- Bhojpur

6. Ranjan Kumar Singh son of Ram Nath Singh, resident of Village - Fatehpur, Post-Raghopur, Police Station-Jurawanpur, District- Vaishali

7. Krishna Singh son of Shishupal Singh resident of village - Keshopur, Post -Barahara, District- Bhojpur.

8. Sanjay Singh son of Ragho Singh resident of village -Semaria, Post - Barahara, Police Station- Barahara, District- Bhojpur

9. Vinod Keshav son of Bihari Shah resident of village -Semaria, Post - Barahara, Police Station- Barahara, District- Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the State : Mr. Akash Chaturvedi, A.C. to SC-11 For the Election Commission : Mr. Amit Shrivastava, Adv. Mr. Sanjeev Nikesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-10-2018 No one appears for the petitioner. Learned counsel for the State and learned counsel for the State Election Commission are present.

In the present writ petition, the petitioner has challenged the judgment dated 20.05.2014 passed by the learned Civil Judge (Senior Division), Ara, Bhojpur in Election Petition

Patna High Court CWJC No.3876 of 2015 (5) dt.29-10-2018 2/2 No. 3 of 2011 whereby he has dismissed the election petition filed by the petitioner.

The petitioner had filed Election Petition No. 3 of 2011 for declaring the election of the respondent no.6 as a Member of Panchayat Samiti, Barhara to be void and further for a declaration in his favour inter alia on the ground that the respondent no.6 had got his name illegally entered in the electoral roll of village Parariya Simariya although he was resident of village Fatehpur in the district of Vaishali and he owns property there. Since the dispute raised in the writ petition relates to election of Panchayat Samiti, which was held in the year 2011 and the duration of the said Panchayat Samiti expired in 2016 whereafter next election of the said Panchayat Samiti has already taken place in 2016, in my considered opinion, no useful purpose would be served by keeping the writ petition pending. Accordingly, the writ petition is dismissed as infructuous.

(Ashwani Kumar Singh, J) Pradeep/- U