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Patna High CourtCWJC/21430/2021disposed

Mahesh Yadav v. The State Of Bihar

2022-06-21Mr. Justice Dr. Anshuman,Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21430 of 2021 ====================================================== Mahesh Yadav Son of Lagan Yadav resident of Village and Post- Mamalkha, Block- Sabour, Gram Panchayat Mamalkha, District- Bhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Department of Panchayati Raj, Government of Bihar, Patna.

2.

The Commissioner, State Election Commission, Bihar, Sone Bhawan, Birchand Patel Marg, Patna- 800001.

3.

The Secretary, State Election Commission, Bihar, Sone Bhawan, Birchand Patel Marg, Patna- 800001.

4.

The Divisional Commissioner, Bhagalpur Division at Bhagalpur. 5.

The District Election Officer (Panchayat) cum District Magistrate, Bhagalpur.

6.

The Assistant Election Officer (Panchayat), Bhagalpur. 7.

The Returning Officer, Gram Panchayat- Barari, Prakhand- Sabour, DistrictBhagalpur. 8.

The BDO, Barari, Prakhand- Sabour, District- Bhagalpur. 9.

Jai Prakash Mandal son of Mohan Mandal resident of Navtolia Chowk, Phatehpur, Sabour, District Bhagalpur.

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

For the Petitioner/s :

Md. Najmul Hodda, Adv.

For the Respondent/s :

Mr. Satya Vrat AC to GP-10 For the SEC :

Mr. Sanjeev Nikesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 21-06-2022 At the outset, it is submitted by the learned counsel for the petitioner that since the election is over the remedy of the petitioner would be available by way of filing an election petition under Section 137 of the Bihar Panchayati Raj Act. In view of the submission made above, the application

Patna High Court CWJC No.21430 of 2021(2) dt.21-06-2022 2/2 is disposed of with liberty to the petitioner to avail of any other remedy available in law.

(Ashwani Kumar Singh, J) ( Dr. Anshuman, J) rohit/- U