Petitioner filed a writ challenging an election of a Ward Member for suppression of criminal antecedents. The Court held it was inappropriate to decide facts and dismissed the writ, granting liberty to file a writ petition.
Writ petition disposed off with liberty to file a duly constituted election petition within one month.
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. 6304 of 2017
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Ram Briksha Yadav, Son of Late Kesho Yadav, Resident of Village - Bishanpur,
P.O. Budhauli, P.S. Pakari Barwan, District - Nawada.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. S. B. K. Mangalam and Mr. Ravi Ranjan, Advocates For the State : Mr. Ravindra Kumar, A.C. to A.A.G. 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 16-08-2017
Heard learned counsel for the petitioner and the State.
of the respondent no. 7 to the post of Ward Member of Gram Panchayat Raj, Budhauli on the ground that he had suppressed the fact that there was a criminal case pending against him in which
Patna High Court CWJC No.6304 of 2017 dt.16-08-2017
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cognizance has been taken and summons issued.
Patna High Court CWJC No.6304 of 2017 dt.16-08-2017
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of its filing.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
3 issues framed by the court
Whether suppression of criminal antecedents by a prospective Panchayat candidate affects the purity of the election.
Whether the High Court can adjudicate factual disputes regarding the purity of an election in the present writ proceedings.
What jurisdiction lies in adjudicating an election petition challenging the validity of a Panchayat election.
Ram Briksha Yadav
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna
Sudhir Yadav
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
