The Plurals Party v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17614 of 2025 ====================================================== The Plurals Party, A registered political party recognized under the Representation of People Act, 1951, Having its camp office at TPP Camp Office, New Balbhadarpur, Laheriasarai, Darbhanga- 846001, Bihar. Through its General Secretary, Anupam Kumar Suman.

... ... Petitioner/s

Versus

1.

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

2.

The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, New Delhi-110001.

3.

The Chief Electoral Officer, Bihar, 7, Sardar Patel Marg, Patna-800015. 4.

The District Election Officer-cum-District Magistrate, Laheriasarai, Darbhanga, Bihar.

5.

Umesh Sahani, Contesting Candidate for Darbhanga (83) Assembly Constituency, Bihar Assembly Elections 2025, Residing at BHATYARISARAI, WARD-17, P.O- Lalbaghp, P.S.- Kotwali, Block- Sadar, Dist - Darbhanga, Bihar, PIN-846004.

6.

The Returning Officer, Darbhanga Assembly Constituency, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Pandey, Adv.

Mr. M. Alam, Adv.

For the Respondent/s :

Mr. P. K. Verma, Addl. Advocate General (03) For the Chief Election Commission Mr. Siddhartha Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 04-11-2025 This court vide order dated 03.11.2025 passed in CWJC No. 17396 of 2025 and CWJC No. 17397 of 2025 has dismissed the writ petitions which were filed on similar grounds. The petitioner's grievance in this case is that the nomination of the Respondent No. 5 has been accepted even though he has wrongly shown the name of the party to which he belongs to as "VIKASHSHEEL INSHAN PARTY" instead of

Patna High Court CWJC No.17614 of 2025(2) dt.04-11-2025 2/2 "VIKASSHEEL INSAAN PARTY". That though the petitioner has filed his objections, the Returning Officer has not taken the objections into consideration and accepted the nomination of the Respondent No. 5 wrongly.

2. This Court is not inclined to entertain the present writ petition as the petitioner is having an alternative and efficacious remedy of filing an election petition under Section 80 read with 100 (1)(d) of the Representation of the People Act, 1951 and also the specific bar imposed in Article 329(b) of the Constitution of India.

3. Having regard to the same, the present writ petition is dismissed. However it is left open to the petitioner to challenge the action of the Returning Officer if he is so advised by filing an appropriate election petition before an appropriate forum.

4. Registry is directed to annex the copy of the order dated 03.11.2025 passed in CWJC No. 17396 of 2025 and CWJC No. 17397 of 2025 along with the present writ petition. (A. Abhishek Reddy , J) Bhardwaj/- U