Patna High Court
Shashi Shekhar Mishra vs The State Election Commissioner on 27 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.545 of 2024
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Shashi Shekhar Mishra Son of Late Jatadhar Mishra Resident of village-
Gopalpur, Police Station- Kamtaul, Anchal Keoty, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Election Commissioner Through District Election Officer-cum-
Collector, Darbhanga.
2. The Returning Officer-cum-Block Development Officer, Keoty, District-
Darbhanga.
3. Gopal Kumar Jha, Son of Bhogendra Jha, Resident of Village- Pindaruchh,
Block- Keoty, Police Station- Kamtaul, District- Darbhanga.
4. Praveen Kumar Mishra, Son of Badri Narayan Mishra Resident of Village-
Pindaruchh, Police Station- Kamtaul, District- Darbhanga.
5. Raj Kumar Paswan Son of Late Subodh Paswan Resident of Village-
Pindaruchh, Police Station- Kamtaul, District- Darbhanga.
6. Sunil Kumar Choudhary Son of Sri Jai Krishaen Choudhary Resident of
Village- Pindaruchh, Police Station- Kamtaul, District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Verma, Sr. Advocate
: Mr. Uday Chand Prasad, Advocate
: Ms. Pooja Bala, Advocate
For the SEC : Mr. Girish Pandey
: Mr. Ravi Ranjan, Advocate
For Private Respondent : Mr. Dhanendra Choubey, Advocate
: Mr. Sanjay Kumar Ghosarvery, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 27-02-2025
Heard Mr, Prabhat Kumar Verma, learned senior
counsel appearing on behalf of the petitioner assisted by Mr. Uday
Chand Prasad, Mr. Girish Pandey, learned counsel for the State
Election Commission and Mr. Dhanendra Choubey, learned
counsel for the private respondents.
2. The present writ petition has been filed for the
following reliefs:-
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
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i) For quashing of order dated 30.09.2023 passed by
learned Munsif-1st, Darbhanga in Election Petition
Suit No. 1 of 2022 whereby petition dated 28.03.2023
filed by opponent Respondent No. 4 under Order 7
Rule 11(a) and (d) of Code of Civil Procedure read
with Rule 106 of Bihar Panchayat Raj Rules 2006 for
rejecting the Election Petition No. 01 of 2022 was
allowed and by the said order the Election Petition No.
01 of 2022 filed by the petitioner has been rejected
under Order 7 Rule 11(d) of Code of Civil Procedure
on the ground of barred by limitation.
(ii) For direction to the learned Court below to decide
the case bearing Election Petition No. 01 of 2022 after
conducting full fledgure trial, adducing the evidences
of all the parties.
(iii) For any other appropriate order, direction save
and except in accordance with law.
3. In the year 2021, the election of different posts of
Gram Panchayat in the State of Bihar has been notified. The
election of Gram Panchayat Raj, Pindaruchh under Keoty Block,
Darbhanga for the post of Mukhiya was also notified. The
petitioner along with others have filed the nomination for the post
of Mukhiya of Gram Panchayat Pindaruchh under Keoty Block.
The election was scheduled to be held on 15.11.2021 and counting
was held on 17.01.2021. After counting, the petitioner declared to
have won the election from 23 votes but subsequently the
respondent No.2 in connivance with respondent No.3, declared
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
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respondent No.3 as winning candidate by 50 votes. The petitioner
filed representation before the District Magistrate, Darbhanga
requested for re-counting the votes but no action has been taken.
4. Learned counsel for the petitioner submits that the
petitioner had no other option but to file Election Petition No.01 of
2022 on 24.12.2021 before the Election Tribunal cum Munsif-1st,
Darbhanga challenging the election of respondent No.3 declaring
his election as void for the post of Mukhiya at Gram Panchayat.
5. The respondent no.3 had appeared in the election case
and filed written statement on 05.04.2022, denying the statement
given by the petitioner in Election Petition No. 01 of 2022. On
15.03.2023
the issues have been settled amongst all the parties and
case has been fixed for evidence on behalf of petitioner. On
23.03.2023 witness no. 1 (petitioner) and on 28.03.2023 witness
no. 2 (Lalit Kumar Mishra) were examined in Court and they have
supported the case of the petitioner.
6. Learned counsel for the petitioner submits that
respondent No.3 had filed a petition dated 28.03.2023 under Order
7 Rule 11(a) and (d) of Code of Civil Procedure read with Rule
106 of Bihar Panchayat Raj Rules, 2006 for rejecting the Election
Petition of the petitioner on the ground of limitation. Thereafter on
20.04.2023 witness no.3 (Talvar Chaupal) and on 03.05.2023
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
witness no.4 (Raj Kumar Paswan) were examined in Court on
behalf of the petitioner.
7. Learned counsel for the petitioner submits that
learned Court below heard the matter on behalf of the petitioner
under Order 7 Rule 11(a) and (d) of Code of Civil Procedure read
with Rule 106 of Bihar Panchayat Raj Rules, 2006 and has been
pleased to reject the Election Petition no.01 of 2022 on the ground
of limitation that the Election Petition no.01 of 2022 was filed
after expiry of 30 days. Learned counsel for the petitioner further
submits that in the present case certain date is very important for
adjudicating the present matter. The results were declared on
07.11.2021 and it is admitted fact that the Election Petition has
been filed on 24.12.2021, after expiry of 30 days. He has relied
upon the judgment of Hon'ble Apex Court in Suo Motu Writ
Petition (C) No.3 of 2020 decided on 08.03.2021 in which the
Hon'ble Apex Court has extended the limitation in the aforesaid
Writ Petition which were reported in (2021) 5 SCC 452. Paragraph
Nos. 1, 2.1 and 2.2 of the aforesaid judgment are quoted
hereinbelow:-
"1. Due to the onset of COVID-19 Pandemic, this
Court took suo motu cognizance of the situation
arising from difficulties that might be faced by the
litigants across the country in filing petitions
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
/applications /suits /appeals /all other proceedings
within the period of limitation prescribed under the
general law of limitation or under any special laws
(both Central or State). By an order dated 27-3-2020
(sic 23-3-20204) this Court extended the period of
limitation prescribed under the general law or special
laws whether compoundable or not with effect from
15-3-2020 till further orders. The order dated 15-3-
2020 was extended from time to time. Though, we have
not seen the end of the pandemic, there is considerable
improvement. The lockdown has been lifted and the
country is returning to normalcy. Almost all the Courts
and Tribunals are functioning either physically or by
virtual mode. We are of the opinion that the order
dated 15-3-2020 has served its purpose and in view of
the changing scenario relating to the pandemic, the
extension of limitation should come to an end".
"2.1. In computing the period of limitation for any suit,
appeal, application or proceeding, the period from 15-
3-2020 till 14-3-2021 shall stand excluded.
Consequently, the balance period of limitation
remaining as on 15-3-2020, if any, shall become
available with effect from 15-3-2021".
"2.2. In cases where the limitation would have expired
during the period between 15-3-2020 till 14-3-2021,
notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of
90 days from 15-3-2021. In the event the actual
balance period of limitation remaining, with effect
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
from 15-3-2021, is greater than 90 days, that longer
period shall apply".
8. From perusal of the aforesaid orders, it appears that
the Hon'ble Apex Court declared that the period from 15.03.2020
till 14.03.2021 shall also stand excluded.
9. Learned counsel for the petitioner further submits that
Hon'ble Apex Court in Suo Motu Writ Petition (C ) No.3 of 2022
decided on 10.01.2022 has further extended the period from
15.03.2020 till 28.02.2022. Paragraph Nos. 5,5.1, 5.2 and 5.3 of
the aforesaid judgment are quoted hereinbelow:-
"5. Taking into consideration the arguments advanced
by learned counsel and the impact of the surge of the
virus on public health and adversities faced by
litigants in the prevailing conditions, we deem it
appropriate to dispose of the M.A. No. 21 of 2022 with
the following directions:
"5.1 The order dated 23.03.2020 is restored and in
continuation of the subsequent orders dated 08.
03.2021, 27.04.2021 and 23.09.2021, it is directed
that the period from 15.03.2020 till 28.02.2022 shall
stand excluded for the purposes of limitation as may
be prescribed under any general or special laws in
respect of all judicial or quasi judicial proceedings".
"5.2 Consequently, the balance period of limitation
remaining as on 03.10.2021, if any, shall become
available with effect from 01.03.2022".
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
"5.3 In cases where the limitation would have expired
during the period between 15.03 2020 till 28.02.2022,
notwithstanding the actual balance period of
limitation remaining, all persons shall have a
limitation period of 90 days from 01.03.2022. In the
event the actual balance period of limitation
remaining, with effect from 01.03. 2022 is greater than
90 days, that longer period shall apply".
10. From bare perusal of the aforesaid orders it appears
that Hon'ble Apex Court has declared that in cases where the
limitation would have expired during the period between
15.03.2020 till 28.02.2022, notwithstanding the actual balance
period of limitation remaining, all persons shall have a limitation
period of 90 days from 01.03.2022.
11. Learned counsel for the private respondents submits
that as per provision any person aggrieved with the election has to
prefer election petition before the Election Tribunal constituted.
The Election Petition has also to be filed within 30 days as
provided under Section 137 of the Bihar Panchayat Raj Act read
with Rule 106 of the Bihar Panchayat Election Rules, 2006 and it
is admitted fact that the petitioner has not filed the Election
Petition within period of 30 days from the date of declaration of
the result.
Patna High Court CWJC No.545 of 2024 dt.27-02-2025
12. Having heard learned counsel for the parties and
perused the materials on record and in view of the findings of the
Hon'ble Apex Court that the period of limitation for any suit,
appeal, application and proceeding, the period from 15.03.2020 till
28.02.2022 shall stand excluded and in the aforesaid petition, the
petitioner has filed the petition within the prescribed time as per
findings of the Hon'ble Apex Court in Suo Motu Writ Petition (C )
No.3 of 2022. Accordingly the order dated 30.09.2023 (Annexure-
10) of the writ petition passed by learned Court of Munsif-1st,
Darbhanga in Election Petition No. 01 of 2023 is hereby set aside.
13. The present matter is remitted back to the learned
Court of Munsif-1st, Darbhanga to hear the Election Petition No.
01 of 2023 afresh on its own merits.
14. Accordingly, the writ petition is allowed.
(Rajesh Kumar Verma, J)
Suruchi/priyanka/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.03.2025
Transmission Date NA
