Sohan Yadav v. the State of Bihar and Ors.
Case brief
What is this about?
Petitioner filed writ petition challenging election held in 2011. Court held grievance infructuous as Panchayat term expired in 2016 and fresh election already took place.
Petitioner filed writ petition challenging election held in 2011. Court held grievance infructuous as Panchayat term expired in 2016 and fresh election already took place.
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.9296 of 2011
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Sohan Yadav, S/O Shri Mahavir Yadav, Resident of Village & P.O.-Kabirchak, Via Laxmisagar, P.S.- Sadar, District-Darbhanga
.... .... Petitioner
Versus
.... .... Respondents
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Appearance :
For the Petitioner/s : None
For the Respondent/s : None
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 24-09-2018
No one appears either for the petitioner or for the
State.
Perused the writ petition.
The instant writ petition has been filed for cancellation of an election held on 24.04.2011 at booth no. 113 and 113(Ka) of village-Kabirchak in the district of Darbhanga.
Patna High Court CWJC No.9296 of 2011 dt.24-09-2018
2
The issue raised in the instant writ petition relates to
election of Gram Panchayat Raj at village-Kabirchak in the year, 2011. The full term of the panchayat for which election was held has already expired in the year, 2016 and a fresh election has already taken place.
In that view of the matter, the writ petition has become infructuous. It is dismissed, accordingly.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 27.09.2018 |
| Transmission Date |
NA |
1 issue framed by the court
Whether the writ petition for cancellation of a past election has become infructuous given the expiry of the term and holding of fresh election.
Sohan Yadav
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
The State Election Commissioner, State Election Commission, Patna
The Secretary, the State Election Commissioner, State Election Commission, Patna
The Collector cum District Magistrate cum District Election Officer (Panchayat), District- Darbhanga
The Block Development Officer-cum-Election Officer (Panchayat)-cum-Dy. Collector, District- Darbhanga
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court