In this election petition filed under Article 226, the Patna High Court held that remedies for questioning a private respondent's election of Mukhiya under the Bihar Panchayat Raj Act were available. Consequently, the writ petition was dismissed as misconceived.
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.9937 of 2016
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Sabitri Devi wife of Sri Suresh Yadav, resident of village Kundi, P.O. Khapara, P.S. Sangrampur, District Munger
.... .... Petitioner/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bamdeo Pandey, Adv. For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
Patna High Court CWJC No.9937 of 2016 (2) dt.27-06-2016
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The petitioner questions the election of respondent no.4 to the post of Mukhiya, Panchayat Samiti in the district of Munger. The remedy for the petitioner to question the election of the private respondent No. 4 is available under the Bihar Panchayat Raj Act and the Election Rules framed thereunder and the writ petition in such circumstances, is misconceived and is disposed of accordingly.
(Jyoti Saran, J) Bibhash/U
1 issue framed by the court
Whether the writ petition questioning the election of a Mukhiya under the Bihar Panchayat Raj Act is maintainable.
Sabitri Devi wife of Sri Suresh Yadav and others
The State of Bihar through the District Magistrate- cum- Zila Election Officer, Munger and others
Smt. Sushila Devi wife of Sri Mahesh Paswan
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
