The High Court of Patna dismissed an appeal concerning Panchayat elections. With no representation from the appellant, the Bench dismissed the appeal relying on reasoning in another dismissal dated May 1, 2017, while granting liberty to approach the Election Commission.
The appeal was dismissed, with liberty to apply to the Election Commission.
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.23 of 2017
In
Civil Writ Jurisdiction Case No. 14908 of 2016
====================================================== Laxman Mandal, S/o Late Kusum Mandal, R/o village - Deori, P.O. Tamaul, Ghanshyampur, District – Darbhanga.
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : None For the State : Mr. Mritunjay Kumar, AC to AAG-6 For the Commission : Mr. Amit Srivastava, Advocate Mr. Girish Pandey, Advocate
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
3 03-05-2017 None appears for the appellant. Defects pointed by the office have not been rectified.
However, Sri Amit Srivastava, learned counsel appearing for the State Election Commission points out that with regard to the same election for the Panchayat in question, Letters Patent Appeal No.1545 of 2016 (Veena Devi v. The State of Bihar & Ors.) has been dismissed by this Bench on 1st of May, 2017 and for the same reasons, this appeal is also liable to be
Patna High Court LPA No.23 of 2017 (3) dt.03-05-2017
2/2
dismissed.
Keeping in view the reasons already indicated by us in the order dated 1st May, 2017 passed in Letters Patent Appeal No.1545 of 2016, we see no reason to make any indulgence into the matter.
For the same reason, this appeal is also dismissed with liberty to the aggrieved persons to take remedy of filing of a case before the Election Commission, if available, in law.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
Sunil/-
U
1 issue framed by the court
Whether this writ petition should be allowed where the same matter has been disposed of in a similar case.
Colour shows how this judgement treated each authority
Veena Devi v. The State of Bihar & Ors.Referred¶16
Letters Patent Appeal No.1545 of 2016 (Veena Devi v. The State of Bihar & Ors.)
Laxman Mandal
The State of Bihar through the Principal Secretary, Panchayat Raj Department
The Secretary, State Election Commission, Bihar
District Magistrate Cum Collector Cum District Election officer
The Block Development officer Cum Block Election Officer
District Panchayat Raj Officer
Rajendra Menon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
