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Patna High CourtCWJC/989/2024consigned

Rajesh Singh Akali v. The Bihar State Election Authority

2025-02-20Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.989 of 2024 ====================================================== Rajesh Singh Akali S/o Late Ram Singh Akali, R/o Jajak Toli Nai Sadak Chowk, Sampatchak, Patna City, District - Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Election Authority Patna, through its Secretary. 2.

The Custodian, Takht Shri Harimandir Ji, Patna Saheb - cum The District and Sessions Judge, Patna.

3.

The President, Prabandhak Committee, Takht Shri Harimandir Ji, Patna Saheb, Patna City.

4.

The General Secretary, Prabandhak Committee, Takht ShriHarimandir Ji, Patna Saheb, Patna City.

5.

Sri Ranjeet Singh (R.S. Jeet), S/o Late Guru Charan Singh. R/o 102, Shanti Vihar Apartment, Near LIC Building, FrazerRoad, Patna - 800001. 6.

Sri Ranjeet Singh, S/o Pritam Singh, R/o Flat No. 502, Sri Ram Plaza, Station Road, Patna - 800001.

7.

Sri Gurvindar Singh, S/o Late Sri Trilochan Singh, R/o 12/A, Nanak Villa, New Punjabi Colony, Near Gurudwara, Chitkohra, Anisabad, Patna - 800002.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Adv.

For the Respondent/s :

Mr. Mukesh Kumar Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) issuance of an order, direction, or a writ in the nature of mandamus commanding the respondents concerned to conduct the election of the members of the Prabandhak Committee of Sri Takht Shri Harimandir Ji, Patna Saheb and that too

Patna High Court CWJC No.989 of 2024(3) dt.20-02-2025 2/3 strictly in accordance with the norms as provided in The Constitution and Bylaws of Sri Takht Harimandir Ji, Patna Saheb.

(ii) A writ in the nature of Certiorari may kindly be issued by this Hon'ble Court, quashing Letter No.

112/Confidential dated 17.06.2023 issued by the District & Sessions Judge, Patna cumThe Custodian, Sri Takht Harimandir Ji, Patna Saheb under Article 9(1)(a) of The Constitution and Bylaws of Sri Takht Harimandir Ji, Patna Saheb whereby and whereunder, the Learned Custodian has nominated three persons as members of the Prabandhak Committee even before the process of the formation of the new Committee as per Constitution and Byelaws of Sri Takht Harmandir Ji, Patna Sahib has begun which in turn is resulting in the unnatural shift of the scales in favour of one party thereby adversely affecting the neutrality, fairness and legitimacy of the election process as provided under The Constitution and Bylaws of Sri Takht Harimandir Ji, Patna Saheb.

(iii) Issuance of an order, direction or a writ in the nature of mandamus commanding the respondents concerned to do the needful as provided under The Constitution and Bylaws of Sri Takht

Patna High Court CWJC No.989 of 2024(3) dt.20-02-2025 3/3 Harimandir Ji, Patna Saheb for the constitution of a new Prabandhak Committee owing to the completion of the term of the previously constituted committee.

3. On 10.09.2024, two weeks' time was granted to remove the defect.

4. As the same was not removed and it being a peremptory order, the case stands dismissed on 24.09.2024.

5. Perused the file, consigned.

(Rajiv Roy, J) Vijay Singh/- U