Citation : 2023 Latest Caselaw 1159 Patna
Judgement Date : 23 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19190 of 2021
======================================================
Amir Lal Singh Son of Matab Rai Resident of Mohalla - Kurji Pul, Hamidpur, P.O. digha, P.S. Digha, District- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
2. The Chief Electoral Officer, Bihar, Patna.
3. The District Election Officer (Panchayat)- cum- The District Magistrate, Be-
gusarai.
4. The District Election Officer (Panchayat) - cum- The District Magistrate, Madhubani.
5. The District Election Officer (Panchayat) - cum- The District Magistrate, Je-
hanabad.
6. The District Election Officer (Panchayat) - cum- The District Magistrate, Rohtas.
7. The District Election Officer (Panchayat) - cum- The District Magistrate, Gaya.
8. The District Election Officer (Panchayat) - cum- The District Magistrate, Vaishali.
9. The District Election Officer (Panchayat) - cum- The District Magistrate, Darbhanga.
10. The District Election Officer (Panchayat) - cum- The District Magistrate, Samastipur.
11. The Deputy Development Commissioner - cum- Senior Incharge (District Panchayat), Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr. P.K. Shahi, AG
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 23-03-2023 None appears on behalf of the petitioner.
In the instant petition, petitioner has prayed for the fol-
lowing reliefs:-
Patna High Court CWJC No.19190 of 2021 dt.23-03-2023
"(i) For issuance of appropriate writ/or- der/directions for constitution of a high level en- quiry committee into the misconduct committed by the respondents in awarding work contracts to their blue eyed favorite individuals without invit- ing any tender in terms with the constitutional mandate and the provisions as contained in the Bihar Financial Rules which is symptomatic of nepotism, corruption and cronyism.
(ii) For issuance of an appropriate writ/order/di- rections calling for the records from the office of the respondents in order to examine the trans- parency, credibility and fairness of the procure- ment process which was adopted by them in order to procure the election related articles/materials for Panchayat Election, 2021.
(iii) For issuance of an appropriate writ/order/di- rections directing the respondent no.1 to fix re- sponsibility on the erring officials for playing tru- ant with public money for their nefarious selfish interest under a systematic design and that the loss caused to the state exchequer on account of not confirming to the constitutional mandate an the provisions as contained in the Bihar Financial Rules of open tendering be realised from the pocket of the respondents concerned and they may be departmentally proceeded with and punished accordingly.
(iv) For issuance of any other writ/writs/order/or- ders or direction to which the petitioner may be found entitled to in the facts and circumstances of the case."
Petitioner has not arrayed necessary and proper par-
ties for the reasons that in the prayer the petitioner has alleged that
official respondents are awarding work contract to their favourite
individuals without inviting any tender. In the absence of implead-
Patna High Court CWJC No.19190 of 2021 dt.23-03-2023
ing such of those persons, the present writ petition is not main-
tainable. Accordingly, the writ petition stands dismissed reserving
liberty to the petitioner to file fresh petition.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J) Vikash/-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
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