Santosh Kumar vs The State Of Bihar
2022 Latest Caselaw 431 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.237 of 2022
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1. Santosh Kumar S/o Rajeshwar Prasad Singh Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, District- Muzaffarpur.

2. Jaganath Paswan S/o Bunilal Paswan Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, District- Muzaffarpur.

3. Rekha Devi W/o Amrendra Kumar Resident of Village- Jagdishpur Dharamu, Gram Panchayat Raj Jagdishpur Dharmu, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2. The Additional Chief Secretary Panchayati Department, Government of Bihar, Patna.

3. The State Election Commission (Panchayat) 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.

4. The State Election Commissioner The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna.

5. The Secretary The State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna.

6. The District Magistrate-cum- District Election Officer (Panchayat) Muzaffarpur, District- Muzaffarpur.

7. The Block Development Officer, Paroo-cum- Returning Officer Panchayat Election, 2021, Gram Panchayat Raj, Jagdishpur Dharmu, Post and P.S.- Block- Paroo, District- Muzaffarpur.

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

For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate For the Respondent/s : Mr.Prabhat Kumar Verma ( Aag3 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 13-01-2022 Heard learned counsel for the parties. Patna High Court CWJC No.237 of 2022 dt.13-01-2022

Petitioners have prayed for the following relief(s):- Patna High Court CWJC No.237 of 2022 dt.13-01-2022

Patna High Court CWJC No.237 of 2022 dt.13-01-2022

After the matter was heard for some time, learned

counsel for the petitioners, under instructions, states that Patna High Court CWJC No.237 of 2022 dt.13-01-2022

petitioners shall be content if a direction is issued to the

authority concerned, i.e., respondent no.4, The State Election

Commissioner, the State Election Commission (Panchayat),

3rd Floor, Sone Bhawan, Birchand Patel Path, Patna or any

of the statutory authority to consider and decide the

representation which the petitioners shall be filing within a

period of four weeks from today for redressal of the

grievance(s).

Learned counsel for the respondents states that if such

a representation is filed by the petitioners, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of four months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the

following terms:-

(a) Petitioners shall approach the authority

concerned within a period of four weeks from today by

filing a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and

dispose it of expeditiously by a reasoned and speaking

order preferably within a period of four months from the Patna High Court CWJC No.237 of 2022 dt.13-01-2022

date of its filing along with a copy of this order;

(c) Needless to add, while considering such

representation, principles of natural justice shall be

followed and due opportunity of hearing afforded to the

parties;

(d) Equally, liberty is reserved to the petitioners to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(e) We are hopeful that as and when petitioners

take recourse to such remedies, as are otherwise available

in law, before the appropriate forum, the same shall be

dealt with, in accordance with law and with reasonable

dispatch;

(f) Liberty reserved to the petitioners to approach

the Court, if the need so arises subsequently on the same

and subsequent cause of action;

(g) Liberty also reserved to the petitioners to make

a mention for listing of the petition on priority basis. As

and when any such mention is made, Registry shall take

steps for listing the petition at the earliest.

(h) We have not expressed any opinion on merits. Patna High Court CWJC No.237 of 2022 dt.13-01-2022

All issues are left open;

(i) The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital

mode, unless the parties otherwise mutually agree to meet

in person i.e. physical mode;

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.01.2022
Transmission Date       NA