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Patna High CourtCWJC/17360/2024disposed

Brija Nand Dubey @ Vrijanand Dube v. The State Of Bihar

2024-11-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17360 of 2024 ====================================================== Brija Nand Dubey @ Vrijanand Dube son of Sri Vishwamitra Dubey R/o Village and PO- Khairadip, PS- Daudnagar, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Patna, Bihar 2.

The Registrar, Co-operative Society, Bihar, Patna 3.

The Chief Election Officer, The Bihar State Election Authority,, 32, Harding Road, Patna 4.

The Collector, Aurangabad 5.

The District Co-operative Officer, Aurangabad 6.

The Returning officer-cum-Block Development Officer Daudnagar, DistAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Mishra For the Respondent/s :

Mr.Addl. Advocate General (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-11-2024 Heard the learned counsels for the parties.

2. Learned counsel for the petitioner has submitted that it is true that the nomination process has not started up-till now, but he has a reasonable apprehension that his nomination paper shall be rejected on the ground of non-availability of 'No Dues Certificate'. He has submitted further that a coordinate Bench of this Court in the case of Pramila Sinha vs. The State of Bihar and Ors, reported in 2014(4) PLJR 487 have been pleased to hold that it is not a disqualification for filing

Patna High Court CWJC No.17360 of 2024(2) dt.18-11-2024 2/2 nomination paper.

3. It is expected that at the time of considering the nomination paper of the petitioner, the principles decided by a co-ordinate bench of this court in the case of Pramila Sinha vs. The State of Bihar and Ors, reported in 2014(4) PLJR 487, shall be taken into account.

4. With these observations, the writ petitioner stands disposed of.

(Nawneet Kumar Pandey, J) kundan/- U