Rajendra Prasad vs The State Of Bihar
2023 Latest Caselaw 5466 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4354 of 2023
     ======================================================

Rajendra Prasad, aged about 46 years, Male Son of Rambali Bin @ Rambali Mukhiya, Resident of Chiran Tola, Narayanapur, Ward No. 4, P.S.- Bagaha- 02, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna.

2. The Commissioner, State Election Commission, Patna.

3. The Principal Secretary, Urban Development Department, Bihar, Patna.

4. District Magistrate cum- District Returning Officer, (Municipal Election), Bettiah, West Champaran.

5. Sub-Divisional Officer cum Returning Officer, (Municipal Election), Bagaha, West Champaran.

6. Block Development Officer cum Assistant Returning Officer, (Municipal Election), Bagaha, West Champaran.

7. Smt. Pushpa Gupta, aged about 50 years, Wife of Sri Pappu Gupta, Chairman Bagaha Municipality, Bagaha, District-West Champaran.

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate For the State : Mr. Abbas Haider, SC 6 Mr. Wasi Mohammad, AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 31-10-2023

Heard Mr. Natraj Verma, learned counsel appearing on

behalf of the petitioner and Mr. Wasi Mohammad, learned counsel

representing for the State.

2. The petitioner claimed to be voter of Bagaha

Municipality, being resident of Ward No. 4, seeking cancellation of

the election of respondent no. 7 as Chairman of the Bagaha

Municipality in the West Champaran district. Patna High Court CWJC No.4354 of 2023 dt.31-10-2023

3. The points raised for declaring the election to be null

and void is mainly based upon the violation of the model code of

conduct in conducting the election of Chairman of Bagaha

Municipality which in the humble submission of the petitioner

vitiates the entire election process. He further submits that despite

the representation/complaint having been filed before the State

Election Commission way back on 03.01.2023, the copy of which

has also been served to all other concerned, till date the same has

not been taken to its logical conclusion. Thus, compelled the

petitioner to move before this Court.

4. A counter affidavit has been filed on behalf of the

respondents-State authorities (respondent nos. 4 to 6). Apart from

the submissions, that there is no violation of any Model Code of

Conduct and the election was being conducted in free and fair

manner as per the guidelines issued by the State Election

Commission, it is also submitted that there were ten candidates of

the State Election for the post of Chairman of Bagaha Municipality

but no other candidates have been made party in this writ petition

even the nearest looser namely, Jarina Khatoon, thus the writ

petition is bad for non joinder of necessary parties.

5. Be that as it may, considering the fact that for

redressal of the grievance of the petitioner, a Patna High Court CWJC No.4354 of 2023 dt.31-10-2023

representation/complaint has already been filed before the State

Election Commissioner, the copy of which is marked as Annexure-

6. The present writ petition stands disposed of with a

direction to the respondent no. 2 to consider the

representation/complaint of the petitioner dated 03.01.2023 as

contained in Annexure-2 to the writ petition, expeditiously in

accordance with law.

(Harish Kumar, J)

Anand Kr.

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