← Library
Patna High CourtCWJC/25108/2019withdrawn

Sudhir Kumar v. The State Of Bihar

2019-12-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25108 of 2019 ====================================================== Sudhir Kumar S/o- Lalbabu Singh resident of Village- Vyapur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department, Govt. of Bihar, Patna.

2.

The District Magistrate-cum- District Election Officer, Patna. 3.

The District Co-operative Officer, Patna.

4.

The Block Development Officer-cum- Returning Officer, Maner Block, Patna.

5.

The Block Co-operative Officer, Maner Block, Patna. 6.

The State Election Authority, Patna.

7.

Sanjeet Kumar S/o- Jeevnandan Singh Village and P.O.- Vyapur, P.S.- Maner, District- Patna.

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

For the Petitioner/s :

Mr. Hemendra Prasad Singh, Sr. Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Chitranjan Sinha (PAAG2) For the BSEA :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2019 Heard Mr. Hemendra Prasad Singh, learned senior advocate for the petitioner and Mr. Mukesh Kumar for the Bihar State Election Authority. The petitioner is aggrieved by the order dated 04.12.2019 passed by respondent no. 4 whereby the nomination of the petitioner to contest elections for the post of Chairman of Vyapur PACS has been refused.

Patna High Court CWJC No.25108 of 2019(2) dt.13-12-2019 2/2 The election is scheduled to be held on 13th of December, 2019.

No writ petition could lie against such an order as it is in the realm of an election dispute for which election petition is required to be filed. This point having been noted by the Court, learned counsel for the petitioner seeks permission to withdraw this petition in order to enable the petitioner to avail of his remedies under the law.

The petition stands dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U