Sujata Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17135 of 2016 =========================================================== Sujata Devi wife of Raje Sharma, resident of Village- Manowar, Police StationMaheshi (O.P. Jalai) District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

3. The District Magistrate cum District Election Officer, Saharsa, DistrictSaharsa.

4. The District Panchayat Raj Officer, Saharsa.

5. The Assistant District Election Officer, Saharsa, District- Saharsa.

6. The Block Development Officer-cum-Block Election Officer, Maheshi, District- Saharsa.

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

8. Rita Devi daughter of Md. Ali @ Salma Khatoon wife of Md. Ali, resident of village- West Purnvas Jalai, Police Station- Maheshi (O.P. Jalai), DistrictSaharsa. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Mushtaque Alam and Mr. Harun Quareshi, Advocates For the SEC :

Mr. Amit Shrivastava and Mr. Ritesh Kumar Advocates For the State :

Mr. Ajay, G.A. 5 Mr. Pratik Sinha, A.C. to G.A. 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-01-2017 Heard learned counsel for the petitioner, the State and the State Election Commission.

The prayer in the writ petition is to stay the functioning of respondent no. 8, as Mukhiya of Manowar Panchayat under Maheshi Block in the District of Saharsa. At the very outset, learned counsel for the State

Patna High Court CWJC No.17135 of 2016 dt.12-01-2017 2/2 raised a preliminary objection and submitted that the petitioner has already moved for election of the petitioner as Mukhiya in Election Suit No. 25 of 2016, which is still pending before the Munsif, Saharsa.

Having regard to the aforesaid, learned counsel for the petitioner submitted that the writ petition be disposed off with a direction to the Court concerned to decide the Election Petition expeditiously as the same has been pending for an unreasonably long period.

In view of the aforesaid, the writ petition stands disposed off with a direction to the Munsif, Saharsa to decide the Election Suit No. 25 of 2016, expeditiously and in any case latest by 15th April, 2017.

Learned counsel for the petitioner shall file a certified copy of this order before the Court below within two weeks from today.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U