In this PIL petition, the petitioner alleged horse trading in Mayor elections. The High Court dismissed the application, holding that mere allegations based on newspaper cuttings without specific incidents did not constitute prima facie material for judicial indulgence.
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.8945 of 2017
======================================================
Sudhir Kumar Ojha, S/o Late Krishan Dev Ojha, R/o Village- Lahladpur, P.S.Sadar, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG 6 For State Election Commission: Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-10-2017
Inter alia contenting that in elections of Mayor, Deputy Mayor and other office bearers horse trading is being carried out and they should be stopped, this petition has been filed in public interest annexing various Newspaper cuttings and report.
Except for making bald allegations based on Newspaper cuttings, no prima facie material is brought on record
Patna High Court CWJC No.8945 of 2017 dt.16-10-2017 2/2
with any specific incidents and, therefore, we are not inclined to
made indulgence into the matter.
The application is dismissed.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
| AFR/NAFR | |
|---|---|
| CAV DATE | |
| Uploading Date | 28.10.2017 |
| Transmission Date |
2 issues framed by the court
Whether the court should grant directions to stop horse trading in local body elections based on media reports.
Whether prima facie material exists to grant injunctive relief in public interest litigation regarding election conduct.
Sudhir Kumar Ojha
The State of Bihar
The State Election Commission
Chief Justice
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
