Phool Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18411 of 2022 ====================================================== Phool Kumar Jha, Male, aged about 62 years, S/O- Late Ram Padarth Jha, R/O Village-Pauram, P.S. -Hayaghat, District-Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar through the Special Secretary, Bihar Panchayati Raj Department, Bihar, Patna.
2.
The Secretary, State Election Commission, Bihar, Patna. 3.
The Deputy Secretary, State Election Commission, Bihar, Patna. 4.
The District Magistrate-cum-District Election Officer, Darbhanga. 5.
The Block Development Officer-cum-Election Officer, Hayaghat Block, Darbhanga.
6.
The District Panchayat Raj Officer, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Nath Jha, Advocate Mr. Kasuhlesh Choudhary, Advocate For the State :
Mr. Kameshwar Pd. Gupta (GP-10) Mr. Anwar Karim, AC to GP-10 For S.E.C.
:
Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 01-12-2023 Heard Mr. Shambhu Nath Jha, learned counsel appearing on behalf of the petitioner; Mr. Kameshwar Prasad Gupta, learned GP-10 assisted by Mr. Anwar Karim, learned AC to learned GP-10 appearing on behalf of the State and Mr. Girish Pandey, learned counsel for the State Election Commission.
2. In the present writ petition, the petitioner has prayed for the following relief(s):
"(a) For issuance of an appropriate writ/writs or direction/directions in the nature of mandamus
2/21 commanding the appropriate concerned authority to correct territory/area of State Election Territory of Panchayat Samiti Member relates to State Election TerritoryNo.16 Maksoodpur by amending i.e. by adding concerned Ward No.9 as it was put under area of State Election Territory of Panchayat Samiti Member no. 17 Pauram by deleting Ward No.9 from State Election TerritoryNo.16 Maksoodpur.
(b) For issuance of an appropriate writ/writs or direction/directions or in the nature of certiorari for quashing the proposal as contained in letter no.86 Ni. dt. 13.05.2016 (as contained in Annexure -2 of the writ petition) issued under signature of respondent no.2 for making amendment in State Election Territory of Panchayat Samiti Member i.e. State Election Territory Nos.16 Maksoodpur and 17 Pauram and subsequent recommendation letter no.127 (Mu.)/Ji. Pa. dt. 13.05.2016 as issued under signature of respondent no. 1 by which the said proposal of the respondent no.2 was been recommended before the Secretary, State Election Commissioner which is arbitrary, illegal and without application of mind.
(c) For issuance of an appropriate writ/writs or direction/directions or in the nature of certiorari for quashing the publication dt. 19.07.2015 as made under Prapatr-1 under Rule-8(1) & 8(4) of Bihar Panchayat Raj Act by the District Panchayat Raj Officer, Darbhanga whereby and whereunder change in the territory of Panchayat Samiti Member no. 17 Pauram has been made illegally on the level of district level authority.
(d) For issuance of an appropriate writ/writs or direction/directions to the respondent no.2 for correcting the area of State Election Territory Panchayat Samiti Member of i.e. State Election Territory Nos. 16 Maksoodpur and 17 Pauram as alteration made without reason against the territory as was running and election held in year-2001, 2006 & 2011.
(e) And any other relief/reliefs may also be granted in favour of the petitioners for which they are found to be entitled in view of the facts and circumstances of the case."
3. Learned counsel for the petitioner submitted that by concealing the facts, proposal for alteration/correction in
3/21 territory/area of Election Territory No. 16 Maksoodpur Panchayat and in area of Panchayat Samiti Member Territory, State Election Territory No. 17 Pauram Panchayat was made vide letter dated 13.05.2016 issued under signature of Election Officer-cum-Block Development Officer with respect to 2016. The election was going to be held on 26.05.2016 which was under influence of the then candidate. In the said letter total number of voters (16-Maksoodpur) in ward nos. 01 to 09 were 6037 (voters of S/C-492), whereas, in ward nos. 10 to 17 number of voters was 6531 (voters of S/C-1648) and number of voters in ward no. 01 to 08 is 5457 and in ward nos. 09 to 17 the number of voters were 7111. It has further been submitted that action was taken after the announcement of the date of election. The grievance of the petitioner is that no such alteration can be made by the election authority after announcement of election. The letters are not sustainable in the eye of law being against the provision of section-127 of the Gram Panchayat Act.
4. He further submitted that the proposal for part amendment in state election territory no. 16 Maksoodpur for Panchayat Samiti Member post was recommended to the Secretary, State Election Commission, Patna vide letter no. 127
4/21 dated 13.05.2013 by the District Election Officer. Thereafter, amendment in State election territory no. 16 Maksoodpur for Panchayat Samiti Member post was made. One Mamta Kumari, being a candidate, being aggrieved had preferred writ application bearing CWJC No. 9153 of 2016, but during pendency of the writ application, election process had completed. The writ petition was disposed vide order dated 21.06.2016 in view of alternative statutory remedy.
5. Learned counsel further informs that before Panchayat Election 2021, he had requested for making amendment in the territory of Panchayat Samiti Member, in Election Territory no. 16 Maksoodpur and 17 Pauram, and in this regard the petitioner had filed an application by communicating it vide registered post dated 10.02.2021 before the Secretary, State Election Commission, Bihar, who took no action. The petitioner had filed a petition before the State Election Commission, Patna for early hearing of his objection. He had again mentioned on 25.10.2021 but he was not heard before the 2021 election. The voting had completed on 03.11.2021.
6. Learned counsel informs that the petitioner filed an application on 01.02.2021 under RTI Act before the State
5/21 Election Commission, Patna and again he sought an information vide letter dated 30.08.2021 with respect to ascertain communications dated 25.10.2021, contained in letter no. Pan. Ni.-30.-64/201-3261, in Prapatr-1 Rule-8(1) & 8(4) of Bihar Panchayat Raj Rule whether relates to category wise population in the territory of Panchayat Samiti Member. In spite of the information sought by the petitioner, no information was given to the effect that no action can be taken under Section 127 of Bihar Panchayat Raj Act, 2006, and no alteration can be made in the territory of election territory of Panchayat Samiti Member before publication of census of 2021.
7. In the aforesaid background, learned counsel for the petitioner submitted that the petitioner is aggrieved by the amendment of territory of panchayat samiti, which has caused injustice to the public of said territory, as well as, it has adversely affected the candidates of the said territory by allowing to give benefit to the specific community/candidate.
8. Learned counsel further submitted that the provision of Section 11 of Bihar Panchayat Raj Act( hereinafter referred to as 'the Act'), 2006 read with Rule 8 of Bihar Panchayat Election Rule, 2006 (hereinafter referred to as 'the Rules') has not been carried out, while issuing letters dated
6/21 13.05.2016 (Annexure-3) and 15.04.2021 (Annexure-8), seeking recommendation of the State Election Commission, the District Election Officer cum District Magistrate, had failed to comply with the mandate of Rule 3 of the Rules, 2006 which provides for taking action as per the provisions of Section 12, 37, 64 and 90 of the Act.
9. Learned counsel submitted that the respondents no. 2 & 3, being the State Election Commission, has tried to mislead this Court and has tried to defeat the relief(s) as prayed for by the petitioner in the present writ petition. In this regard, learned counsel has referred to paragraph no.13 of the counter affidavit filed on behalf of respondents no. 2 and 3, wherein 'Annexure-R/2-3/2' has been brought on record which relates to reservation policy and with respect to the delimitation of territorial constituency.
10. Learned counsel further submitted that in reply to the counter affidavit he made specific statement that in view of provisions of Sections 13, 15(5), 38(1), 65(1), 91(1) and 93(5) of the Bihar Panchayat Raj Act, 2006, the changes in reservation and territory can be made only after two consecutive general elections and as per the rules, no change was required to be made during the Panchayat General Election, 2016 and in the
7/21 Panchayat General Election, 2021 (Annexure-7). Considering the statutory provision, the petitioner had again filed another application under RTI Act before the State Election Commission, Patna and in reply, a letter bearing Letter No. Pan. Ni.-30.-64/2015-3261 dated 24.08.2021, was issued, which the petitioner had received on 25.10.2021. The Letter contained a copy of Prapatr-1 Rule-8(1) & 8(4) of Bihar Panchayat Raj Rule regarding category wise population in the territory of Panchayat Samiti Member and was signed by the concerned authorities on 16.09.2015/19.07.2015, where it had been categorically mentioned/stated that as per provision of Section- 127 of Bihar Panchayat Raj Act, 2006 no alteration was required before publication of census of 2021 (Annexure- 10).
11. Learned counsel on these ground submitted that without waiting for 2021 census, the respondents had proceeded to delimit the constituency nos. 16 and 17, which is against the provision of Section 127 of the Bihar Panchayat Raj Act, 2006. In these backgrounds, learned counsel further submitted that notification dated 19.07.2015, issued by District Magistrate, Darbhanga is also not sustainable as the said notification is in teeth of the subsequent communication made by the Deputy Secretary-cum-First Appellate Authority of the State Election
8/21 Commission, contained in Memo No. 225 dated 28.10.2021 (Annexure-11). He further submitted that the State Election Commission has not given its approval for reorganization of the territorial constituency nos. 16 and 17 of the Gram Panchayat Raj, Pauram, which has been repeatedly proposed by the District Election Officer (Panchayat)-cum-District Magistrate, Darbhanga vide his Letter No. 127 dated 13.05.2016 and Letter No. 1030 dated 15.04.2021. The District Magistrate, Darbhanga, without obtaining approval from the State Election Commission, had issued notification on 19.07.2015 by which the Ward No. 9 has been removed from the State Territorial Constituency No.16 (Makasoodpur) of the Panchayat Samiti, Hayaghat and was incorrectly added to the State Election Territory No.17 (Pauram).
Therefore, the actions of the District Magistrate, Darbhanga is in violation of Rule 5, 8 and Proviso to Rule 3(2) (c) of the Bihar Panchayat Election Rules, 2006. On these grounds he submitted that all these communications reflect that no approval was taken by the District Election Officer cum District Magistrate, before publishing the notification dated 19.07.2015, which is violative of the constitutional provision and is fit to be set aside.
12. Per Contra, learned counsel for the respondent
9/21 Nos. 4 to 6, submitted that the State Election Commission, vide its Letter No. 3261 dated 24.08.2021 addressed to District Magistrate, Darbhanga cum District Election Officer, has refused to make any amendment, stating therein that until the dates of Census 2021 is published by the Central Government, there would not be any change in Territory of Panchayat (Annexure- B to Counter Affidavit on behalf of Respondent Nos. 4 to 6). It is further submitted that since the Panchayat Election, 2021 had already been completed and the result has been published, the petitioner may take efficacious remedy available under Bihar Panchayat Raj Act, 2006 and the Rule made thereunder, for rederessal of his greivance.
13. Learned counsel appearing on behalf of for respondent no. 2 & 3, has challenged the maintainability of the writ petitioner in light of provision contained in Article 243-O of the Constitution of India read with Section 138 of the Act.
14. Learned counsel submitted that in light of letter of Panchayati Raj Department, Government of Bihar bearing No. 8939 dated 20.12.2013, the State Election Commission issued Letter No. 825 dated 08.04.2015 with regard to publication of population figure, territorial constituency wise and decided objections till 11.05.2015. Time for deciding
10/21 objections was further extended by the Commission. The District Election Officer cum District Magistrate, sent a letter to the State Election Commission on 04.09.2015, stating therein that final publication was made on 03.08.2015 (Annexure R- 23/1). Learned counsel further submitted that the Commission sent a letter bearing No. 2144 dated 17.12.2015, addressed to all district magistrates-cum-district election officer (Panchayat), directing therein for providing reservation territorial constituency wise as per provision contained in the Act and the Rule, 2006 (Annexure R-2-3/2). It is further submitted that in light of provision contained in Section 38 and 38(4) of the Act, the term of 2011 Panchayat Election expired in the year 2016 and again the reservation roaster of the concerned election will be changed in the year 2026- Panchayat General Election.
15. Heard the parties.
16. I have perused the materials on record and the pleadings made in the present writ petition and counter affidavit. It is admitted that the notification dated 19.07.2015 was issued by District Magistrate, Darbhanga, which was published after accepting the objections and by due approval of the State Election Commission. The said fact is evident from the statement made in paragraph no. 12 of the counter affidavit filed
11/21 on behalf of the State Election Commission, wherein it has been stated that the State Election Commission in light of letter of Panchayati Raj Department, Government of Bihar bearing no. 8939 dated 20.12.2013 issued a letter bearing no. 825 dated 08.04.2015 with regard to the publication of population figure territorial constituency wise and decided the objection till 11.05.2015 and further time was extended by the Commission and the District Magistrate-cum- District Election Officer (Panchayat) sent a letter to the State Election Commission on 04.09.2015 stating therein that final publication was made on 03.08.2015. Thereafter, the commission had sent a letter bearing no. 2144 dated 17.12.2015 adressed to all District Magistratecum- District Election Officer (Panchayat) directing therein for providing reservation territorial constituency wise as per provision contained in Bihar Panchayati Raj Act 2006 and rules made thereunder.
17. There is no mention of the exact dates on which the objections, the petitioner had made before the publication of population figure territorial constituency wise, which were to be entertained till 11.05.2015. The petitioner has not been able to give any information with regard to any objection made by him prior to 11.05.2015. The petitioner has brought on record
12/21 undated application made to Returning Officer,( Gram Panchayat Election)-cum- Block Development Officer, Hayaghat, Darbhnaga, as contained in 'Annexure-5' to the writ petition. He has also not made any specific statement that, any time before the publication of notification or before the last date of objection i.e. 11.05.2015, he had filed his objection. Communications dated 13.05.2016 (Annexure-3) and 15.04.2021 (Annexure-8), as well as, those made by the Appellate Authority under 'Right to Information Act' giving information as contained in 'Annexure-11', are subsequent communications, and does not relate to delimitation or reconstitution of territorial or correction of territory by the State Election Commission. These communications give information about the population on the basis of census of the year 2011.
It is not disputed that the fresh census has not been notified by the Central Government which was to take place in the year 2021. It is also admitted that till next census is notified, the census of 2011 will remain in force. The election has already been conducted in the year 2021 which is based on the notification dated 19.07.2015, relating to the territory of the constituency.
18. This Court finds that the petitioner has nowhere objected in the writ petition in any manner that by publication of
13/21 the notification dated 19.07.2015, the provision of Rule 3 of the Rules, 2006 has been violated.
19. At this stage, learned counsel for the petitioner proceeded to offer clarification by placing his reliance on paragraph nos. 9 to 11 of his reply to the counter affidavit filed, which is reproduced hereinunder:
" 9. That it is further relevant to mention here that prior to changing the area of State Election Territory of any Gram Panchayat Raj, Rule 3, 5 and 8 of Bihar Panchayat Election Rules, 2006, are required to be followed. Because vide Rule No.3 of the aforesaid Rules, 2006, it is clearly stated that under Rule 3(1) of the Bihar Panchayat Election Rules, 2006 (hereinafter referred as 'the Rules', 2006), by which it is clearly mentioned that "3(1) For the purpose of holding election of Gram Panchayat, Panchayat Samiti, Zila Parishad and Gram Katchahry the areas falling within their jurisdiction shall be divided into territorial constituencies by the District Magistrate under Sections 12, 37, 64 and 90 of the Act respectively under the direction, control and supervision of the State Election Commission."
10. That it is most humbly submitted that under Rule 5 of the aforesaid Rules, 2006, it is clearly stated that "The territorial constituencies of a Panchayat Samiti shall be constituted in such a manner that - (i) All the territorial constituencies of the Panchayat Samiti are covered under the area of the Panchayat Samiti concerned:
(ii) Each of the territorial constituencies of the Panchayat Samiti is covered under the specified Gram Panchayat are, and (iii) In any circumstances the territorial constituency of the Gram Panchayat must not be splitted due to the constitution of the territorial constituencies of the Panchayat Samiti.
11. That vide Rule 8 of Rule, 2006 the process of publication of list of territorial electoral constituencies has been mentioned by which it is stated that the list of territorial electoral constituencies prepared by the
14/21 District Magistrate under this Rule shall, in the cases Gram Panchayat and Panchayat Samiti, be published in the offices of Gram Panchayat and the Block concerned. Further under Rule 8(2), it is stated that any objection with regards to anything contained in the list published under Sub-rule (1) shall be submitted in writing to the District Magistrate or any officer authorised by him within 14 days from the date of publication of the list. Further under Rule 8(3) it is stated that on receipt of an objection under Sub-Rule (2), the District Magistrate or the officer authorized by him shall, after necessary verification, record his decision which shall be final."
But in the instant case, the aforementioned procedure has not been followed by the District Election Officer (Panchayat) - cum - District Magistrate, Darbhanga, while issuing his notification dated 19.07.2015. Therefore, the actions of the District Election Officer (Panchayat)-cum-District Magistrate, Darbhanga, are violative of the aforesaid rules."
20. The petitioner has reiterated the provision and rules, however, he has not been able to make any specific statement, as to why, he failed to file any objection before the cut of date of 11.05.2015, and show that provisions of the Act and Rules have indeed been violated.
21. Petitioner had filed a representation which is contained in 'Annexure-5' to the writ petition and the same does not contain any date and based on the said representation, without mentioning any date, has challenged the communication made by the Collector contained in letter no. 127 (Mu.)/Ji.Pa. dated 13.05.2016 as contained in 'Annexure-3' to the writ
15/21 petition and subsequently, letter no. 1030/Ji.Pa. Dated 15.04.2021 as contained in 'Annexure-8' to the writ petition. The petitioner appears to have taken advantage of the fact that earlier challenging the final publication of the territory in accordance with provision of Section 11 read with Rule 8 publication made in 'Form-1' with respect to the fresh delimitation of the territory of Maksoodpur and Pauram situated at Hayaghat Panchayat Samiti, the notification is the part of 'Annexure-10' to the writ petition. From perusal of 'Annexure4' it appears that similar relief(s) was sought by one Kumari Mamta in CWJC No. 9153 of 2016 and this Court vide order dated 21.06.
2016, had disposed of the said writ petition considering the fact that the election had already been concluded and no cause for indulgence was made out and the petitioner was given liberty to take recourse to the statutory remedy so available to her under the Bihar Panchayat Raj Act, 2006 and the election rules framed thereunder. In the said writ petition, the petitioner of the said writ petition was also aggrieved by the area of the territorial constituency no. 16 of Panchayat Samiti, Maqsoodpur inasmuch as according to her Ward No. 9 should have been included in territorial constituency no.
16/21 constituency no. 17, Pauram. In the present case, the petitioner is also aggrieved by the inclusion of Ward No.9 in State Election Territory No.17, Pauram instead of State Election Territory No.16, Maksoodpur.
22. A counter affidavit has been filed on behalf of respondent nos. 4 to 6, in which, in paragraph no. 13, it has specifically been informed to this Court that the Panchayat Election 2021 has already been completed and if the petitioner is aggrieved, he may take recourse available under Bihar Panchayat Raj Act, 2006 and the rules made thereunder.
23. A counter affidavit has also been filed on behalf of the State Election Commission, it has further been clarified in paragraph no. 16 that last election was held in the year 2016 and the reservation of seat was not changed. As the first election was held in the year 2006 under the Bihar Panchayati Raj Act, 2006 and after that rotation was changed in 2016 so the term of 2011 Panchayat Election had expired in the year 2016 and again the reservation roaster of the concerned election will be changed in the year 2026 - Panchayat General Election.
24. The Constitution of India provides for provisions related to elections to Panchayat Raj, which were incorporated in the Constituition by the 73rd Constitutional
17/21 Amnedment Act, 1992. The relevant provisions are reproduced hereinbelow:
" 243K. Elections to the Panchayats.-(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
243-O. Bar to interference by courts in electoral matters. - Notwithstanding anything in this Constitution,- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State."
25. Article 243-O read with Section 137 and 138 of the Act and Rule 106 of Rules,2006, explicitly bars entertaining of an election petition by the Courts and provides for remedy for adjudication of election petitions before the authority prescribed.
26. Chapter-II of the Bihar Panchayat Election Rules, 2006 relates to constitution and assignment of number of constituencies. Rule 3 provides for the points to be considered in constitution of territorial constituency and is reproduced hereinbelow:-
3. Points to be considered in the constitution of territorial constituencies. - (1) For the purpose of holding election of Gram Panchayat, Panchayat Samiti, Zila Parishad and Gram Katchahry the
18/21 areas falling within their jurisdiction shall be divided into territorial constituencies by the District Magistrate under Sections 12, 37, 64 and 90 of the Ordinance respectively under the direction, control and supervision of the State Election Commission.
(2) Each territorial constituency will consist of contiguous localities and it will be so constituted in such a manner that each territorial constituency may consist of a population, as far as practicable, identical with the other and the boundaries of each territorial constituency to be clearly defined separating it with the other by natural or artificial elements; provided that - (a) the population of each territorial constituency of a Gram Panchayat will be 500 or close to that, as may be practicable ;
(b) the population of each territorial constituency of a Panchayat Samiti will be 5000 or close to that, as may be practicable;
(c) the population of each territorial constituency of Zila Parishad will be 50,000 or close to that, as may be practicable:
Provided further that, if any difficulty arises in the demarcation of territorial constituencies according to the yardstick mentioned above or in other exceptional circumstances, the District Magistrate shall, decide the matter in accordance with the guidelines obtained from the State Election Commission.
27. Rule 8 provides for publication of the list of territorial electoral constituencies. It is reproduced as under:-
8. Publication of the list of territorial electoral constituencies. - (1)The list of the territorial electoral constituencies prepared by the District Magistrate under this Rule shall, in the cases of Gram Panchayat and Panchayat Samiti, be published in the offices of the Gram Panchayat and the Block concerned, and in the case of Zila Parishad in the offices of the Block, the SubDivisional Magistrate and the District Magistrate concerned in Form-1.
(2) Any objection with regard to anything contained in the list published under sub-rule (1) shall be submitted in writing to the District Magistrate or an officer authorised by him within fourteen days from the date of publication of the list.
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(3) On receipt of an objection under sub-rule (2) the District Magistrate or the officer authorised by him shall, after necessary verification, record his decision which shall be final.
(4) The list of territorial constituencies prepared in FORM -1 shall be published by the District Magistrate in the offices of the Gram Panchayat and the Block concerned in case of Gram Panchayat and Panchayat Samiti and in the offices of the Block, the Sub-divisional Magistrate and the District Magistrate concerned in the case of Zila Parishad and also in the District Gazette and a copy of the same to be furnished to the State Election Commission and the Director, Panchayat Raj.
28. This Court finds that, in absence of any evidence to show that objections were submitted by the petitioner within the time stipulated by the Commission on the simple interpretation of provisions of sections and rules is not enough to quash the notification dated 19.07.2015, taking into consideration the fact that the election of the year 2021 has been concluded successfully.
29. In spite of interjection made by the petitioner while this order is being dictated, he has failed to show as to in what manner, the provision of Section 11 of the Act read with Rule 8 of the Bihar Panchayat Election Rule, 2006, has not been complied with before publication of the notification dated 19.07.2015.
30. Election process is the essence of Indian democratic system and must be completed within stipulated
20/21 time frame and any delay may cause Constitutional crisis. Anybody may challenge the election process in between and hamper the entire election process. Therefore, it becomes imperative that utmost care and caution be taken while considering a challenge to an election process.
31. In terms of Article 243-K (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats is vested exclusively in a State Election Commission and as per clause (4), the Legislature of a State is endowed with the power to frame law with respect to all matters relating to, or in connection with, elections to the Panchayats, subject to the provisions of this Constitution.
32. Thus, it is abundantly clear that the provision of law as contained in Bihar Panchayat Raj Act, 2006 and the Bihar Panchayat Election Rules, 2006, are to be complied with mandatorily. The petitioner, who has challenged the action of the respondent concerned, has been derelict in his obligation to submit his objections within the mandated time frame as per Rule 8(2) of the Rules, 2006. The petitioner, by his actions, has been negligent and has approached this Court with frivolous and unsubstantiated claims and averments.
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33. Accordingly, the present writ petition is dismissed.
(Purnendu Singh, J) Niraj/- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 10.12.2023 Transmission Date N.A.