In an election-related writ petition, the Patna High Court rejected the petitioner's application to interfere with the election tribunal's decision to count votes. The court held no interference was warranted due to lack of merit, noting the applicant could challenge the final outcome later.
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
Civil Writ Jurisdiction Case No.7848 of 2015 ====================================================== Girendra Kumar Mandal, S/o- Late Kanak Lal mandal, resident of villagePipra, P.O- Pipra, P.S- Banmankhi, District- Purnia. .... .... Petitioner/s Versus 1. The State of Bihar through District magistrate purnia. 2. The Returning Officer-cum- D.C.L.R, Banmankhi, District- Purnea. 3. The District Election Officer (Panchayat)-cum- District Magistrate, Purnea, District- Purnea. 4. The Returning Officer (Panchayat), Block- Banmankhi, District- Purnea. 5. Shri Prem Kumar Sah, S/o- Late Bindeshwari Prasad Sah, resident of village- Pipra, P.O- Pipra, P.S- Banmankhi, District- Purnia. 6. Shri Aftab Alam, S/o - Md. Nazrul Hasan, resident of village- Bela Badan, P.O- Pipra, P.S- Banmankhi, District- Purnia. 7. Shri Chandra Bhushan Chand, S/o- Shri Raghunandan Yadav, resident of village- Pipra, P.O- Pipra, P.S- Banmankhi, District- Purnia. 8. Shri Chhedi Lal Rishideo, S/o - Late Gonar Rishideo, resident of villagePipra, P.O- Pipra, P.S- Banmankhi, District- Purnia. 9. Smt. Rubi Kumari, W/o- Shri Chandra Bhushan Chand, resident of village- Pipra, P.O- Pipra, P.S- Banmankhi, District- Purnia. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shri Prakash Srivastava For the Respondent/s : Mr. Ajay Bihbari Sinha, Advocate Mr. Neeraj Raj, Advocate A.C. to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 04-06-2015 The instant application has been filed against the order dated 03.05.2015 / 04.05.2015 passed in Misc. (Election) Case No. 13 of 2011 by which learned Munsif, Sadar- cum-Election Tribunal, Purnea has directed for counting of votes. In my view, the petitioner has not made out any case for interfering with the proceeding. In case, the petitioner is
Patna High Court CWJC No.7848 of 2015 (2) dt.04-06-2015
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aggrieved by the final outcome, it will be always open for him to challenge the same before an appropriate authority. This application stands disposed of.
(Samarendra Pratap Singh, J.)
Sudha/-
U T
1 issue framed by the court
Whether the single writ applicant has made out a case for interfering with the Election Tribunal's proceedings on counting of votes.
Girendra Kumar Mandal
The State of Bihar
The Returning Officer-cum- D.C.L.R, Banmankhi
Shri Prem Kumar Sah
Shri Aftab Alam
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
