Writ application questioning P.A.C.C.S. election results was disposed allowing petitioner to file an election petition within 30 days.
Writ application disposed; petitioner allowed thirty days to file an election petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2882 of 2010
1. SHEOPUJAN PANDEY S/O LATE PANDIT BRIKSHA PANDEY R/O VILL.-
MAJHAUA, P.S.- CHAUTARAWA, BLOCK- BAGAHA I, DISTT.- WEST
CHAMPARAN
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE CUM ELECTION OFFICER (COOPERATIVE
SOCIETIES), DISTT.- WEST CHAMPARAN (BETTIAH)
3. THE ADDITIONAL COLLECTOR CUM NODAL OFFICER (FOR PACS
SELECTION), DISTT.- WEST CHAMPARAN (BETTIAH)
4. THE BLOCK DEVELOPMENT OFFICER CUM RETURNING OFFICER (FOR PACS-
GRAM PANCHAYAT MAJHAUA- BLOCK- BAGAHA I), DISTT.- WEST CHAMPARAN
(BETTIAH)
5. THE BLOCK COOPERATIVE OFFICER, BLOCK- BAGAHA I, DISTT.- WEST
CHAMPARAN
6. BALESHWAR PRASAD KESHARI AT PRESENT PRESIDENT OF PACS, GRAM
PANCHAYAT MAJHAUA S/O LATE CHINTAMANI PRASAD R/O VILL.- NAYA
TOLA, MAJHAUA, P.S.- CHAUTARWA, BLOCK- BAGAHA I, DISTT.- WEST
CHAMPARAN
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2/ 02/05/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
The writ application questions elections to the post of Chairman of the P.A.C.C.S, Gram PanchayatMajhaua , Bagaha-1 Block, District- West Champaran and the results declared on 18.10.2009 questioning inter alia the voters’ list leading to loss by 18 votes.
Learned counsel for the petitioner fairly submits that at the time the writ petition was filed, the Election Tribunal was not functional, but has become so subsequently during the pendency of the writ petition.
If the petitioner files such election petition within a period of 30 days from today, let the same be considered in accordance with law after hearing all
2
concerned without going into issues of limitation. The writ application stands disposed.
( Navin Sinha, J.)
KC
SHEOPUJAN PANDEY
THE STATE OF BIHAR
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court