Vikas Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10304 of 2017 ====================================================== Vikas Kumar Mishra S/o - Radha Kant Mishra R/o - Navranga Bagh, Near - Chiura Mill, P.S. - Nagar Bettiah, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of AYUSH, Bihar, Patna.

3. The Additional Secretary-cum-Returning Officer, Department of Health, Govt. of Bihar, Patna.

4. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.

5. The Director, Department of Health, Govt. of Bihar, Patna.

6. The Health Commissioner, Bihar New Secretariat, Patna.

7. The Director, Department of AYUSH, Bihar, Patna.

8. The Deputy Director (Homeopath), Govt. of Bihar, Patna.

9. The Registrar, Bihar State Board of Homeopathic Medicine, Kadam Kuan, Patna.

10. Deputy Advisor (Homeopath), Indian Red Cross Society, Buidling, Indian Red Cross Road, New Delhi.

11. The Secretary, Homeopathy Central Council, New Delhi.

12. The Union of India through Principal Secretary, Ministry of AYUSH, INA-GPO Complex, New Delhi.

13. The Registrar, Central Council of Homeopathy, Janakpuri, New Delhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate Mr. Ashutosh Tripathy For the UOI : Mr. S.D.Sanjay, Addl. S.G Mrs. Kanak Verma, CGC For the State : Mr. Suryadeo Yadav-AAG-9 Mr. Ashok Kumar Sinha, Sr. Advocate Mr. Atul Kumar Pandey, Advocate Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-07-2017 The grievance of the petitioner in this writ petition filed in public interest is with regard to certain processes being followed for election to the Council in question as notified in the

Patna High Court CWJC No.10304 of 2017 (2) dt.26-07-2017 2/2 daily newspaper on 6.5.2017.

Having heard learned counsel for the parties, we are of the considered view that at this stage when the election process has already commenced and respondent No. 3 is the Returning Officer and looking into the same, it is not appropriate for us to lay down any specific procedure when the election process has already commenced instead, the petitioner should submit his grievance before the Respondent No. 3 the Returning Officer who will take such necessary steps as permissible in law for conducting fair election.

Needless to say that if the petitioner or any other person has any grievance with regard to the conduct of the election, liberty shall be available to them to challenge the same in accordance with law.

With the aforesaid, for the present, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U