Letters Patent Appeal dismissed as election had concluded. Court held alternative remedy of election petition lies for grievances regarding election conduct or result.
Preserved status quo and dismissed the Letters Patent Appeal.
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 Letters Patent Appeal No.551 of 2016 Arising out of Civil Writ Jurisdiction Case No. 187 of 2016
====================================================== 1. Nathuni Gareri S/o Late Jage Gareri, R/o Vill- Simri Goth P.S. Rajnagar Dist Madhubani .... Petitioner-Appellant Versus 1. The State of Bihar through the Secretary, Panchayati Raj Department, Bihar, Patna
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
The grievance of the petitioner-appellant was in respect of ward wise population list in respect of Simri Panchayat under the block Rajnagar of Madhubani district.
During the pendency of the writ application, gazette notification was published and thereafter, the elections have been conducted and the result declared.
In view of the said fact, any mistakes in the ward wise list, can not be disputed in the writ jurisdiction of this Court.
Patna High Court LPA No.551 of 2016 (2) dt.10-11-2016
2
If the petitioner-appellant is still aggrieved against the conduct of the election; publication of gazette notification; declaration of the result or ward wise list he has an alternative remedy of election petition.
petition.
In view of the above, the present appeal is dismissed.
(Hemant Gupta, ACJ)
(Ahsanuddin Amanullah, J)
SA/-
U T
1 issue framed by the court
Whether discrepancies in ward wise population list can disputed in writ jurisdiction after election and result declaration.
Nathuni Gareri
State of Bihar
Joint Director-cum-Joint Secretary, Panchayati Raj Department
District Magistrate, Madhubani
District Panchayati Raj Officer, Madhubani
State Election Commission, Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
