Veena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.259 of 2022 ====================================================== Veena Devi, W/o Ganesh Rai, Resident of Village-Nirpur Kushahi, P.S.- Patepur, District- Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Chief Election Commissioner, State Election Commissioner, Bihar, Patna.

3.

The Collector, Vaishali-cum- District Election Officer, Vaishali. 4.

The Sub-Divisional Officer, Mahua, Vaishali.

5.

The Returning Officer,Vaishali.

6.

The Block Development Officer-cum- Assistant Returning Officer, Patepur, Vaishali.

7.

Nazma Khatoon, W/o Md. Abdul Salam, Ward No.-6, Resident of VillageNirpur, P.S.- Patepur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Prem Prakash Poddar, Advocate For the Respondent-State:

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 05-08-2022 The instant application has been filed by the petitioner seeking direction to the respondent no.3 to recount the ballot papers of election of Nirpur Gram Panchayat in Patepur Block, District-Vaishali, specially for the post of Sarpanch. 2.

Section 137 of the Bihar Panchayat Raj Act, 2006 (for short 'the Act of 2006') stipulates in unequivocal terms that the election to any office of a Panchayat or a Gram Katchahry

Patna High Court CWJC No.259 of 2022 dt.05-08-2022 2/2 shall not be called in question except by an election petition as prescribed.

3.

In view of the provisions prescribed under Section 137 of the Act of 2006, we are of the considered opinion that the writ petition filed by the petitioner is thoroughly misconceived. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) (Shailendra Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2022 Transmission Date NA