This court disposed of two Letters Patent Appeals challenging the removal of a local body executive. Observing that fresh elections had been announced, the court held the issues were academic and dismissed the appeals as infructuous.
The appeals were dismissed as infructuous.
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.58 of 2014 Arising out of
Civil Writ Jurisdiction Case No. 1546 of 2013
=========================================================== Vinod Kumar Rai, Son of Sri Devan Rai, Resident of Village- Bahajadi, P.O. Sahdei Bujurg, P.S. Desari, District- Vaishali At Hajipur, Ex-Pramukh Of Block Panchayat Samiti, Sahdei Bujurg, District- Vaishali At Hajipur
.... .... Petitioner/ Appellant Versus
Patna High Court LPA No.58 of 2014 dt.01-04-2016
2/4
.... .... Petitioner/ Respondent
with
=========================================================== Letters Patent Appeal No. 1628 of 2013
Arising out of
Civil Writ Jurisdiction Case No. 15464 of 2013
===========================================================
Md. Majahar Alam, Son of Md. Ali Hussain Ansari, Resident Of Village And P.O. Nayaganj, P.S. Desari, District - Vaishali At Hajipur, Ex-Up-Pramukh Of Block Panchayat Samiti, Sahdei Bujurg, District - Vaishali At Hajipur
.... .... Petitioner/Appellant
Versus
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Cum-Executive Officer, Block Panchayat Samiti, Sahdei Bujurg, P.O. Sahdei Bujurg, P.S. Desari, District - Vaishali At Hajipur
===========================================================
.... .... Petitioner/Respondent
Patna High Court LPA No.58 of 2014 dt.01-04-2016
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Appearance :
(In LPA No. 58 of 2014)
For the Appellant : Mr. Shashi Bhushan Kumar Mangalam For the State of Bihar: Mr. Kamlesh Prasad, AC to SC 2 (In LPA No. 1628 of 2013) For the Appellant : Mr. Shashi Bhushan Kumar Mangalam For the State of Bihar: Mr. Kamlesh Prasad, AC to SC 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 01-04-2016
The election to Panchayat Samiti has been announced. The challenge in the present appeals is to the removal of Up-Pramukh. In view of the fact that fresh election has been announced, the issue raised in the present appeals is only academic.
In view thereof, we do not find any reason to examine such issue in the present appeals. The appeals are dismissed as infructuous.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
mrl.
U
1 issue framed by the court
Whether the appeals regarding the removal of the Up-Pramukh of the Block Panchayat Samiti remain maintainable in light of the announcement of fresh elections.
Vinod Kumar Rai
Md. Majahar Alam
State of Bihar
Nirmala Devi
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
