Subodh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16106 of 2012 ====================================================== Subodh Kumar S/O Bimal Singh Resident Of Vill - Lilo, Ps - Semaria, In The District Of Nawada, Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar through the Secretary, Department Of Law and Justice, Government of Bihar, Patna

2. Vijay Kumar Son Of Late Ramashray Singh Resident Of Village Kabla, P.O. - Budhauli Gram Panchayat, Kabla, Ps - Pakri - Barwan, District - Nawada, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Ravi Kumar, A.C. to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-10-2018 Despite repeated calls, no one appears for the petitioner. Learned counsel for the State is present.

The instant writ petition has been filed against the order dated 07.08.2012 passed by the learned Munsif-cum-Election Tribunal, Nawada in Election Misc. Case No. 20 of 2011 whereby the prayer of the petitioner to dismiss the election case on the ground of playing fraud with the court was dismissed. It is submitted by the learned counsel for the State that the dispute relates to Panchayat election held in the year 2011 and after completion of the term the next election has already been held in the year 2016.

From perusal of the record also, it appears that the

Patna High Court CWJC No.16106 of 2012 (3) dt.29-10-2018 2/2 petitioner was elected as Mukhiya of Kabla Gram Panchayat in the district of Nawada in the year 2011. Being aggrieved by the said election, the respondent no.2 filed Election Misc. Case No. 20 of 2011 in the court of Munsif-cum-Election Tribunal, Nawada. The petitioner filed a petition on 23.04.2012 before the Election Tribunal praying therein to dismiss the said election case on the ground of playing fraud upon the court by the respondent no.2. However, the said petition was dismissed vide impugned order dated 07.08.2012 passed by the learned Munsif-cum-Election Tribunal, Nawada.

In view of the fact that the period for which the Panchayat election of 2011 was held came to an end in 2016 and subsequent thereto the next election has also taken place, the writ petition has become infructuous. Accordingly, it is dismissed as infructuous.

(Ashwani Kumar Singh, J) Pradeep/- U