In a writ petition challenging the cancellation of candidature due to fraud, the Patna High Court, noting the petitioner's absence, relied on a Supreme Court judgment to uphold the impugned decision and dismissed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12959 of 2014
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Shiv Kumar Sah, son of Late Thakur Sah, resident of Village- Kuraia, Post OfficeIshmela, Police Station- Dighwara, District- Saran.
.... .... Petitioner/s
Versus
.... .... Respondent/s
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Appearance :
For the Petitioner/s :
For the Respondent/s : Mr. AAG-11 ASHOK KUMAR KESARI
=========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT
Date: 19-11-2018
On 05.11.2018, this Court has noted the submission
of Mr. Satyabir Bharti, learned counsel appearing on behalf of the Board. The court noted that the petitioner’s candidature was cancelled by the respondents, as petitioner has practiced fraud and misrepresentation. This Court also noted the judgment of the Apex Court in the case of S.P. Chengalvaraya Naidu Vs. Jagannath , reported in (1994) 1 SCC 1 , which is clinching on the point that fraud vitiated every decision.
Patna High Court CWJC No.12959 of 2014 dt.19-11-2018
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advanced by Mr. Bharti and dispose of the writ application.
of the petitioner to assist the Court. Under the aforesaid circumstance, the Court accepts the submission advanced by Mr. Bharti and in view of the judgment of the Apex Court in the case of S.P. Chengalvaraya Naidu Vs. Jagannath , reported in (1994) 1 SCC 1 , the Court does not find any infirmity in the decision impugned in the writ application. The present writ application does not merit any consideration. Accordingly, it is dismissed.
(Anil Kumar Upadhyay, J)
Uday/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 20 .11.2018 |
| Transmission Date |
1 issue framed by the court
Whether the writ application merits consideration when the petitioner was absent despite time granted.
Colour shows how this judgement treated each authority
S.P. Chengalvaraya Naidu Vs. JagannathReferred¶23
S.P. Chengalvaraya Naidu Vs. Jagannath (1994) 1 SCC 1 · Who else cites this
S.P. Chengalvaraya Naidu Vs. JagannathReferred¶28
S.P. Chengalvaraya Naidu Vs. Jagannath (1994) 1 SCC 1 · Who else cites this
Shiv Kumar Sah
Principal Secretary H.R.D Department, Bihar
Bihar School Examination Board, Patna
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
