Preeti Sinha v. The State Election Commission And ORS

Patna High Court CWJC No.10075 of 2016 (2) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10075 of 2016 ====================================================== Preeti Sinha wife of Kanchan Kumar, resident of village + Post Punnakala, P.S. Parriya, District Gaya .... .... Petitioner/s

Versus

1. The State Election Commission , Bihar, Patna

2. The Secretary Government of Bihar, Patna

3. The District Magistrate, Gaya, D.M.Office, Gaya

4. Sub Divisional Officer Sherghati, S.D.M.Tekari Office, Gaya

5. The Block Development Officer, Parriya, District Gaya

6. Nilu Devi, wife of Anu Kumar, resident of village+Mohalla Khiri, P.S. Parriya, District Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar No.- 4, Adv. For the Respondent/s : Mr. Ashok Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-06-2016 Perused the office note. Defects are ignored and the matter is taken up for consideration.

Heard learned counsel for the parties.

The petitioner questions the election of private respondent to the post of Member, Panchayat Samiti Punnakala in the district of Gaya inter alia on grounds that there is a defect in counting process. The remedy for the petitioner to question the election of the private respondent is available under the Bihar Panchayat Raj Act and the Election Rules framed thereunder and the writ petitioner if so advised can take recourse to the same. In the circumstances discussed, the writ petition is held misconceived and is disposed of accordingly.

Bibhash/- (Jyoti Saran, J) U