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Patna High CourtCWJC/25107/2019dismissed

Kaushlendra Kumar Sinha v. The State Of Bihar

2019-12-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25107 of 2019 ====================================================== Kaushlendra Kumar Sinha Son of Sri Lalit Kumar Sinha Resident of Village Belai, P.S.- Ghoshi, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Cooperative, Government of Bihar, Patna. 2.

The Secretary The State Election Authority, Bihar, Patna. 3.

The District Magistrate-cum- Returning Officer Jehanabad. 4.

Block Development Officer-cum- Election Officer Ahiasa PACS, block and P.S.- Ghoshi, District- Jehanabad.

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Respondent/s :

Mr.Sushil Kumar (GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2019 Heard learned counsel for the parties.

2. The petitioner is seeking a direction to the respondents to accept the nomination paper of the petitioner for the post of Chairman, Ahiasa PACS, which has been illegally rejected by respondent no. 4 on erroneous grounds.

3. Learned counsel appearing on behalf of the Bihar State Election Commission has drawn my attention to a Division Bench order of this Court dated 18.11.2019 and has submitted that since the election have been announced, this Court may not interfere with, at this stage.

4. Following is the observation made by the Division

Patna High Court CWJC No.25107 of 2019(2) dt.13-12-2019 2/2 Bench in the order dated 18.11.2019, passed in CWJC No. 22149 of 2019.

"If that were so, we are afraid, we cannot entertain the present petition and, therefore, dispose of the present writ petition reserving liberty to the petitioner to raise all issues before the concerned authorities in accordance with law".

5. Considering the aforesaid observation, no interference at this stage is warranted.

6. This writ application is disposed of with the same liberty as granted by the Division Bench of this Court in the case of Gajendra Singh Vs. State of Bihar and others (CWJC No. 22149 of 2019).

(Chakradhari Sharan Singh, J) Rajesh/- U