Pammi Devi v. The State Election Commission (Municipality)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.128 of 2023 ====================================================== Pammi Devi Wife of Sri Manoj Kumar Choudhary, resident of Mohalla - Abdulpur, Tole - Babuganj, Ward No. 7, Post - Rafiganj, P.S. Rafiganj, District - Aurangabad.

... ... Petitioner/s

Versus

1.

The State Election Commission (Municipality) Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 2.

The Secretary, the State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna.

3.

The District Magistrate-cum-District Election Officer (Municipality), Aurangabad, District - Aurangabad.

4.

The Deputy Collector Land Reforms, Daud Nagar-cum-Returning Officer, Municipality Election of Rafiganj Nagar Panchayat, District - Aurangabad. 5.

Ravindra Prasad son of Ram Pukar Singh, Resident of Mohalla - Hajipur, Ward No. 1, Rafiganj, Post - Rafiganj, P.S. Rafiganj, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Awnish Kumar, Adv.

For the SEC :

Mr. Sanjeev Nikesh, Adv.

Mr. Girish Pandey, Adv.

For the State :

Mr. Yogendra Pd. Sinha, AAG-7 Mr. Nirmal Kumar Sinha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-09-2023 At the outset, Mr. Sanjeev Nikesh, learned counsel for the State Election Commission, submits that due to inadvertence, in paragraph-7 of his counter affidavit, in place of Article 243ZG of the Constitution of India, it has been mistakenly typed as "243-O of the Constitution of India" and further in place of Section 478 of the Bihar Municipal Act, 2007, it has been mistakenly typed as "Section 138 of the Bihar Panchayati Raj Act, 2006" and, as such, he prays to make

Patna High Court CWJC No.128 of 2023(3) dt.19-09-2023 2/3 necessary corrections in it in the course of the day.

2. Permission is accorded.

3. Heard the parties.

4. The learned counsel appearing on behalf of the Commission, submits that after receipt of the complaint from the petitioner, the State Election Commission has sent a letter bearing no. 6186 dated 18.12.2022 to the District Magistratecum-District Election Officer (Municipality), Aurangabad with regard to the conduct of DCLR-cum-Returning Officer, Rafiganj (Municipality). In pursuant thereto, the District Magistrate-cumDistrict Election Officer, Aurangabad, submitted a report vide letter no. 1 dated 02.01.2023 along with the report of Returning Officer, Nagar Panchayat Rafiganj-cum-Land Reforms Deputy Collector, Daudnagar.

The Commission having not satisfied with the aforenoted report, directed the District-MagistrateCum-District Election Officer (Municipality), Aurangabad to submit a specific report with regard to the conduct of the said Returning Officer and for disciplinary action against him, if he is found guilty of illegal rejection of the nomination paper of the petitioner. He further submits that the aforesaid matter is pending before the State Election Commission and the same is likely to be concluded within a period of eight weeks.

Patna High Court CWJC No.128 of 2023(3) dt.19-09-2023 3/3

5. At this juncture, Mr. Manglam, learned counsel for the petitioner submits, that being aggrieved by the illegal action of respondent no.4, the petitioner had already filed a detailed representation before the State Election Commission on 26.09.2022.

6. Be that as it may, considering the aforenoted facts, the present writ application stands disposed of with a direction to the State Election Commission to enquire the matter in accordance with law after affording proper opportunity of hearing to the petitioner and other stakeholders, including private respondent no.5 and pass a reasoned and speaking order within a period of eight weeks from the date/receipt of a production of a copy of this order.

7. Needless to observe that if the petitioner feels aggrieved by the outcome of the State Election Commission, he shall be at liberty to avail the remedy available under the law. (Harish Kumar, J) rohit/- U