Petitioner challenged an order cancelling his election as Chairman of a Nagar Panchayat (PACS). Court disposed of the writ petition noting the election term had expired.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 5713 of 2017
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Anil Singh, Son of Late Kesho Singh, resident of village - Maphi, P.S. + Block - Warsaliganj, District - Nawadah, Chairman of Warsaliganj Nagar Panchayat (PACS) , Block - Warsaliganj, District - Nawadah.
.... .... Petitioner/s
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 04-08-2017
Heard learned counsel for the petitioner and the State.
following reliefs:
“i) A writ in the nature of certiorari setting aside the order contained in Memo No. 1665 dated 16.02.2017 passed in Election Case No. 132/2016 by learned Joint Registrar (Marketing) Cooperative Societies, Bihar, Patna as contained in Annexure-6 whereby and whereunder the election case filed on behalf of Private Respondent No. 8 assailing the election of present petitioner as elected
Patna High Court CWJC No.5713 of 2017 dt.04-08-2017
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Chairman of Warsaliganj Nagar Parishad (PACS) has illegally been allowed without issuing notice to the petitioner from the level of Respondent Joint Registrar and without hearing him and misconstruing the factual aspect as well as legal proposition has cancelled the election of petitioner in gross violation of principle of Natural Justice.
ii) Any other order/orders for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.”
year 2012 and after five years the term of the PACS in question is almost over as the elections were held on 2nd September, 2012, the challenge to the order passed relating to such election when the term
of the body itself has expired, in the opinion of the Court, does not require to be gone into only for academic purposes, moreso when no serious issues are involved.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
Anil Singh
The State of Bihar through the Principal Secretary, Department of Cooperative
The Registrar, Co-Operative Societies, Bihar
The Joint Registrar, Cooperative Societies, Bihar
The District Cooperative Officer, Nawadah
The District Magistrate-cum-District Election Officer (Cooperative Societies), Nawadah
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
