Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19240 of 2024 ====================================================== Pawan Kumar, S/o-Ram Jatan Singh, Resident of Village-Gafakhurd, P.S.- Bodh Gaya District-Ara.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Co-operative Development, Patna. 2.

The Secretary, Co-operative Development, Bihar, Patna. 3.

The Registrar, Co-operative Society, Bihar, Patna. 4.

The District Magistrate, Gaya.

5.

The Additional Collector, Gaya.

6.

The Block Development Officer-Cum-Returning Officer (PACS), Bodh Gaya, Gaya.

7.

The Gram Panchayat Supervisor-Cum-Counting Officer (PACS), Bodh Gaya, Gaya.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 27-06-2025 Heard the learned counsel for the parties.

2. This petition has been converted into one

Patna High Court CWJC No.19240 of 2024 dt.27-06-2025 2/3 under public interest under the orders of a learned Single Judge.

3. However, we find that the subject matter of this petition does not fall in the category of public interest.

4. The petitioner, who had contested the elections for a particular panchayat in the District of Bodh-Gaya, has sought an enquiry with respect to twenty five missing votes in the PACS election, which was held on 26.11.2024, as a result of which he was defeated and one Rajeev Ranjan was returned as the successful candidate.

5. Since the matter was referred to by a learned Single Judge, we have gone through the petition as also the counter affidavit.

6. It appears that elections for the Gafakhurd PACS under Bodh-Gaya Block was held on 26.11.2024. There were 1393 voters and the voting was conducted at two booths where respective number of voters polled.

Patna High Court CWJC No.19240 of 2024 dt.27-06-2025 3/3 Some objection was raised by the petitioner with respect to counting and when it was conceded in the beginning, the writ petitioner chose not to insist for any recounting and filed a writ petition with the prayer of holding an enquiry with respect to twenty five missing votes.

7. By no stretch of imagination could it be called a public interest litigation.

8. If the petitioner was at all aggrieved by the election result, the appropriate forum for him was to file election petition.

9. There is no merit in this writ petition and it is, therefore, dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30/06/2025 Transmission Date N/A