Patna High Court
Puja Kumari vs The State Of Bihar on 18 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12818 of 2025
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Puja Kumari Daughter of Mithlesh Yadav, Resident of Ward No.8,
Chakhussain, Khusrupur, District- Patna, Bihar- 803202.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna-
800001.
2. The State Election Commission, Bihar through Election Commissioner,
Bihar, Sone Bhawan, Beerchand Patel Path, Patna.
3. The District Magistrate, Patna.
4. The Sub-Divisional Officer, Patna City, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Advocate
Mr. Manu Tripurari, Advocate
Mr. Sujit Kumar, Advocate
Mr. Raghu Raj Pratap, Advocate
Ms. Jaya Singh, Advocate
Ms. Aditi Sahay, Advocate
Mr. Pransho Prakash, Advocate
Mr. Hritik, Advocate
For the State : Mr. Subhash Pd. Singh (GA-3)
Mr. Indeshwari Pd (AC to GA-3)
For Election Commission : Mr. Ravi Ranjan, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 18-08-2025
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the State Election
Commission.
2. The present writ petition has been filed for the
following relief/s:-
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
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"I. Issuance of appropriate writ/writs or
order/orders or direction/directions
directing Respondents to conduct a
comprehensive examination and inquiry
into duplicate and cross-Panchayat voting
in the election held on 28.06.2025 in Nagar
Panchayat, Khusropur, Patna;
II. Issuance of appropriate writ/writs or
order/orders or direction/directions
directing stay the final certification of the
election result for the post of Chairperson,
Nagar Panchayat, Khusropur, till such time
as illegal votes are identified and excluded
from final tally;
III. Issuance of appropriate writ/writs or
order/orders or direction/directions
directing direct the cancellation of all votes
cast through dual voting (e-voting and
offline) by the same individuals, and
declare the election null and void if such
cancellation materially affects the outcome;
IV. Issuance of appropriate writ/writs or
order/orders or direction/directions
directing disciplinary and penal
proceedings against election officials and
others under Section 171 of the BNS, 2023
and Bihar Panchayat Election Rules, 2025
(amended);
V. Pass any other order or direction that
this Hon'ble Court may deem fit and proper
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
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in the facts and circumstances of this case."
3. Learned counsel for the petitioner submits that
in the present matter, the petitioner has participated in the
election process for election of Chief Councillor/Chairman in
the Khusropur Nagar Panchayat held on 28.06.2025 conducted
under the aegis of respondent authorities. Counsel submits that
the guideline has been issued under which the voting has to be
accepted through e-voting also. Counsel submits that the
procedure which has been adopted by the Election Commission
resulted into duplicacy of voting. He specifically submits that
one name of one voter has entered in the offline as well as in the
online mode and doubling of the counting of voting took place.
It is due to this reason, the other candidate has been selected and
the petitioner could not be selected. Counsel submits that he is
relying on his pleading particularly paragraph nos.17 and 18 in
which he has submitted a tabular list of such duplicate voters
and submits that the representation has been made to the CEO,
DM and SDO showing the EPIC number that name of those
candidates have duplicated in the election process. Counsel has
categorically indicated in paragraph no.18 that duplicate voting
through two modes took place and the duplicate voting was
allowed in two distinct panchayat jurisdictions maintaining two
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
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EPIC numbers or slightly varied names under the same family
lineage.
4. Learned counsel for the petitioner further
submits that in case of Kishansing Tomar Vs. Municipal
Corporation of Ahmedabad & Ors. reported in (2006) 8 SCC
352, State Election Commission must ensure free and fair
elections. Counsel submits that the Election Commission has
failed to synchronise e-voting records with physical polling list
and in this way, the violation of the mandate took place. Counsel
has further relied on another judgment in case of Mohinder
Singh Gill & Anr. Vs. Chief Election Commissioner & Ors.
reported in AIR 1978 SC 851 in which the ratio has been
decided that the electoral fairness is a fundamental feature of
democracy, and its subversion warrants judicial scrutiny.
5. Learned counsel appearing for State Election
Commission submits that the present matter is relating to
election of municipality which is dealt under the Constitution of
India by virtue of Constitutional 47th amendment, 1992. He
submits that the municipality has been added in Part IXA of the
Constitution of India and Article 243ZG of the Constitution of
India categorically deals with "Bar to interference by courts in
electoral matters". Counsel submits that sub-section (b) of
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
5/12
Article 243ZG states that "no election to any Municipality shall
be called in question except by an election petition presented to
such authority and in such manner as is provided for by or
under any law made by the Legislature of a State." Counsel
further put emphasis on the Bihar Municipal Act, 2007 (Act
no.11 of 2007) published in the Bihar Gazette (Ext. Ord.) dated
05.04.2007
. Counsel further put emphasis on section 478 of the
Bihar Municipal Act, 2007 and submits that section 478(b)
basically adopted the constitutional norm laid down under
Article 243ZG of the Constitution of India that no election to
any Municipality shall be called in question except by an
election petition presented to the Prescribed Authority under this
Act. Counsel submits that the specific remedy available to the
petitioner is under Section 479 (1)(d)(iii) of the Bihar Municipal
Act, 2007 which deals with grounds for declaring election to be
void under which, the improper reception, refusal or rejection of
any vote or reception of any vote which is void has to be taken
into consideration.
6. Learned counsel for the petitioner in response
thereof submits that by virtue of filing the present writ petition,
the petitioner has challenged the procedure which has been
conducted by the Election Commission during municipal
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
election.
7. Upon the specific query of the Court to the
counsel for the petitioner that in case, writ petition shall be
allowed in favour of the petitioner then whether the person who
has been elected shall be affected or not? Counsel for the
petitioner submits that yes it is true that if, writ petition shall be
allowed then the elected candidate shall be affected.
8. Upon perusal of the array of parties in the main
writ petition, it transpires to this Court that the elected candidate
has not been made party to the present writ petition.
9. After hearing the parties and perusal of the
documents, it appears to this Court that there is one legal
question which has to be decided by this Court for resolving the
present dispute that:-
"I. Whether the Court in the Writ
jurisdiction should interfere in the process of election
which was alleged to be taken with procedural
irregularity and result has been published or not and
even after publication of result, any remedy left to the
petitioner?"
10. With a view to decide this question, it is
necessary to quote the correct position of law. Admittedly, it is
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
the municipal election which is covered under Part IXA of the
Constitution of India and specific provision under the
Constitution is Article 243ZG of the Constitution of India which
states as follows:-
"243ZG. Bar to interference by courts in
electoral matters. Norwithstanding
anything in this Constitution,-
(a) the validity of any law relating to the
delimitation of constituencies or the
allotment of seats to such constituencies,
made or purporting to be made under
article 243ZA shall not be called in
question in any court;
(b) no election to any Municipality shall be
called in question except by an election
petition presented to such authority and in
such manner as is provided for by or under
any law made by the Legislature of a
State."
11. It is also relevant to quote sections 476 & 478
of the Bihar Municipal Act, 2007 (Act no.11 of 2007) which
states as follows:-
"476. Election Petition.-(1) The election to
any office of a Municipality shall not be
called in question except by an election
petition as prescribed:
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
Provided that if an election to any office of
a Nagar Panchayatis under dispute, the
election petition shall lie before such
Munsif within whose jurisdiction such
Nagar Panchyat is situated and if the
election to any office of Municipal Council
and Municipal Corporation is under
dispute, the election petition shall lie before
such sub-Judge within whose jurisdiction
such Municipality is situated.
(2) Parties to the petition-A petitioner shall
join as a respondent to his petition-
a) Where the petitioner, in addition to
claiming a declaration that the election of
all or any of the returned candidates is
void, claims a further declaration that he
himself or any other candidates had been
duly elected, all the contesting candidates
other than the petitioner, and where no such
further declaration is claimed, all the
returned candidates; and
(b) any other candidate against whom
allegations of any corrupt practice are
made in the petition.
478. Bar to interference by Courts in
electoral matters. Notwithstanding
anything contained in this Act-
(a) The validity of any law relating to the
delimitation of constituencies or the
allotment of seats to such constituencies,
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
made or purporting to be made under
Article 243 ZA of the Constitution of India
shall not be called in question in any Court;
(b) no election to any Municipality shall be
called in question except by an election
petition presented to the Prescribed
Authority under this Act."
12. Upon bare perusal of the aforesaid provisions
of law, this Court is very much clear that to deal such a situation
particularly relating to counting of votes, the specific provision
has already laid down under Section 479 of the Bihar Municipal
Act, 2007 which states as follows:-
"479. Grounds for declaring election to be
void.-(1) Subject to the provisions of sub
Section (2) if the Prescribed Authority is of
opinion-
(a) that on the date of his election, a
returned candidate was not qualified or was
disqualified, to be chosen as a member
under this Act; or
(b) that any corrupt practice has been
committed by a returned candidate or his
agent or by any other person with the
consent of a returned candidate or his
agent; or
(c) that any nomination paper has been
improperly rejected; or
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
(d) that the result of the election, in so far
as it concerns a returned candidate, has
been materially affected-
(i) by the improper acceptance of any
nomination; or
(ii) by any corrupt practice committed in
the interests of the returned candidate by an
agent; or
(iii) by the improper reception, refusal or
rejection of any vote or reception of any
vote which is void; or
(iv) by any non-compliance with the
provisions of this Act or of any Rules or
orders made thereunder, the Prescribed
Authority shall declare the election of the
returned candidate to be void.
(2) If in the opinion of the Prescribed
Authority, any agent of a returned
candidate has been guilty of any corrupt
practice, but the Prescribed Authority is
satisfied-
(a) that no such corrupt practice was
committed at the election by the candidate
and every such corrupt practice was
committed contrary to the orders and
without the consent of the candidate;
(b) that the candidate took all reasonable
measures for preventing the commission of
corrupt practices at the election; and
(c) that in all other respects the election
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
was free from any corrupt practice on the
part of the candidate or any of his agent;
then the Prescribed Authority may decide
that the election of the returned candidate is
not void."
13. From the bare reading of those aforesaid
specific provisions, it transpires to this Court that the law
makers have made specific provision for filing election petition
before the appropriate forum under section 476 of the Bihar
Municipal Act, 2007 in which ground of challenge has been
mentioned in section 479 and the question which petitioner has
raised in paragraph nos.17 & 18 in his writ petition, well
covered under the provision of section 479 (1)(d)(iii) of the
Bihar Municipal Act, 2007 and particularly when the winner has
not been added as party in the present case.
14. As such, this Court is not inclined to interfere
in this matter and is of the firm view that in the light of the
constitutional mandate as well as in the light of specific law of
the Bihar Municipal Act, 2007, the petitioner has specific
remedy to challenge the said election in the election petition
under section 476 of the Bihar Municipal Act, 2007. Hence, this
writ petition stands dismissed.
15. It is made clear that in case, petitioner
Patna High Court CWJC No.12818 of 2025 dt.18-08-2025
challenges and files the election petition within 30 days from
today, then in that case, the appropriate forum under section 476
of the Bihar Municipal Act, 2007 (Act no.11 of 2007) shall pass
order considering the matter within one year.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 20/08/2025
Transmission Date NA
