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Patna High CourtCWJC/16681/2024disposed

Doli Devi v. The State Of Bihar,

2024-10-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16681 of 2024 ====================================================== Doli Devi Wife of Ranjeet Kumar Resident of Govind Bara, P.O. and P.S.- Phenhara, District- East Champaran, Bihar-845430. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The State Election Commission (Panchayat), through the Secretary, Beer Chand Patel Path, Sone Bhawan, Patna, Bihar- 800001. 4.

The District Magistrate, East Champaran at Motihari. 5.

The District Panchayat Raj Officer, East Champaran at Motihari. 6.

The Block Development Officer-cum-Executive Officer, Block- Phenhara, District- East Champaran.

7.

Sri Radheshyam Singh Son of Late Raj Mangal Singh Resident of VillageIbrahimpur Parsauni, P.O- Ibrahimpur Parsauni, P.S.- Phenhara, DistrictEast Champaran at Motihari, Presently Pramukh of the Phenhara, Block Panchayat Samiti. is the Pramukh.

8.

Smt. Chandani Singh Wife of Sri Santosh Kumar Singh Resident of VillageKalupakar, P.O.- Kalupakar, P.S.- Phenhara, District- Motihari, East Champaran. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran.

9.

Smt. Maya Devi Wife of Sri Kishori Sah Resident of Village- Rupauli, P.OKumharara, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran. 10.

Sri Sanjay Sahani Son of Late Munni Sahani Resident of VillageKhanpipra, P.O- Mathurapur, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran.

11.

Sri Lakhindra Mahto Son of Late Ramekbal Mahto Resident of Village and P.O- Mankarwa, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran. 12.

Sri Bablu Kumar Singh Son of Rajeshwar Prasad Singh Resident of Village and P.O- Phenhara, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat

Patna High Court CWJC No.16681 of 2024(2) dt.29-10-2024 2/3 Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran. 13.

Sri Shiv Kumar Singh Son of Late Ramadhar Singh Resident of Village and P.O- Ijor Bara, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran. 14.

Sri Sonu Ram Son of Late Laxman Ram Resident of Village and P.OMathurapur, P.S- Phenhara, District- East Champaran at Motihari. Is the elected member of the Block Panchayat Samiti, Phenhara through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Phenhara, P.O and P.S- Phenhara, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S.B.K. Manglam, Adv.

Mr. Vikash Kumar Singh, Adv.

Mr. Kumar Gaurav, Adv.

For the Respondent/s :

Mr. Prabhat Ranjan AC to GP( 06) For the S.E.C.

:

Mr. Girish Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-10-2024 Heard the parties.

2. Pursuant to the order of this Court dated 08.07.2024 passed in CWJC No. 2506 of 2024, the District Magistrate passed the order dated 21.09.2024 (Memo No. 392(ka).

3. From perusal of the order of the District Magistrate, East Champaran Motihari, it appears that the description of each and every ballet papers containing marks over there has not been dealt with.

4. Considering the above-mentioned facts and circumstances, the matter is remitted back to the District Magistrate, East Champaran Motihari with a direction to pass a

Patna High Court CWJC No.16681 of 2024(2) dt.29-10-2024 3/3 detailed order describing each and every ballet papers and marks thereon. All the exercise must be done within a period of four weeks from the date of communication of this order. The identity of the voter should not be disclosed.

5. Learned counsel for the petitioner has submitted that he did not disclose the name of any of the members, who caste there disputed votes, to which, learned counsel for the State Election Commission opposes.

6. Accordingly, this writ petition stands disposed of. (Nawneet Kumar Pandey, J) Nirmal/AKV U