The Court disposed of a writ petition challenging the election of a Mukhiya on grounds of malpractice. It held that election query issues are factual and require remedies under the Bihar Panchayat Raj Act, 2006 rather than writ jurisdiction, thus dismissing the petition.
Petitioner directed to seek remedy under Bihar Panchayat Raj Act, 2006.
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Patna High Court CWJC No.10097 of 2016 (3) dt.30-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10097 of 2016
====================================================== Guddi Devi wife of Chunnu Singh, resident of village-Mayapur, Police Station-Wazirganj, District-Gaya .... .... Petitioner/s Versus 1. The State of Bihar 2. The Bihar State Election Commission, Patna through the State Election Commissioner 3. The Collector, Gaya 4. The Sub Divisional Officer, Gaya 5. The Block Development Officer, Wazirganj, Gaya .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate For the Respondent/s : Mr. Md. Raisul Haque, SC-4 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 30-06-2016 Heard learned counsel for the parties.
The petitioner questions election to the post of Mukhiya Gram Panchayat-Tarama, Block-Bhalwahi in the District of Gaya inter alia on grounds of irregularities and mal practices which has taken place in the polling held at Booth No. 247. The allegation levelled against the petitioner is an issue of fact and which cannot be addressed upon in writ proceedings. Further once the election is held and certificate issued, the remedy whatsoever has to be sought by the petitioner under the provisions of Bihar Panchayat Raj Act, 2006 and the Bihar Panchayat Elections Rules, 2006 framed thereunder and, if so advised, he can take recourse thereto.
The writ petition is disposed of.
(Jyoti Saran, J)
S.Sb/-
U
2 issues framed by the court
Whether allegations of malpractice in Gram Panchayat election are cognizable in writ proceedings or require election-specific remedy.
Whether the petitioner has exhausted the appropriate remedy under the Bihar Panchayat Raj Act, 2006 and its Rules.
2 provisions across 2 enactments
Guddi Devi
The State of Bihar
The Bihar State Election Commission
The Collector, Gaya
The Sub Divisional Officer, Gaya
The Block Development Officer, Wazirganj
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
