Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.237 of 2022 ====================================================== 1.

Santosh Kumar S/o Rajeshwar Prasad Singh Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, DistrictMuzaffarpur. 2.

Jaganath Paswan S/o Bunilal Paswan Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, DistrictMuzaffarpur. 3.

Rekha Devi W/o Amrendra Kumar Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Additional Chief Secretary Panchayati Department, Government of Bihar, Patna.

3.

The State Election Commission (Panchayat) 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 4.

The State Election Commissioner The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna. 5.

The Secretary The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna.

6.

The District Magistrate-cum- District Election Officer (Panchayat) Muzaffarpur, District- Muzaffarpur.

7.

The Block Development Officer, Paroo-cum- Returning Officer Panchayat Election, 2021, Gram Panchayat Raj, Jagdishpur Dharmu, Post and P.S.- Block- Paroo, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma ( Aag3 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 13-01-2022 Heard learned counsel for the parties.

2/7 Petitioners have prayed for the following relief(s):-

3/7

4/7 After the matter was heard for some time, learned counsel for the petitioners, under instructions, states that

5/7 petitioners shall be content if a direction is issued to the authority concerned, i.e., respondent no.4, The State Election Commissioner, the State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna or any of the statutory authority to consider and decide the representation which the petitioners shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioners shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the

6/7 date of its filing along with a copy of this order; (c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;

(d) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioners to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) Liberty also reserved to the petitioners to make a mention for listing of the petition on priority basis. As and when any such mention is made, Registry shall take steps for listing the petition at the earliest. (h) We have not expressed any opinion on merits.

7/7 All issues are left open;

(i) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.01.2022 Transmission Date NA