This single-judge oral order permits the petitioner to convert a maintainable civil miscellaneous petition into a special leave petition (CWJ) for a Panchayat election dispute, citing prior precedent on the Tribunal nature of election proceedings.
Permission granted to convert the civil miscellaneous petition into a writ petition within one week.
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.
Patna High Court C.Misc. No.1465 of 2017 (2) dt.29-10-2018 1
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1465 of 2017
====================================================== Sushma Devi .... .... Petitioner/s Versus Rita Devi & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Mishra For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
The petitioner has filed this civil miscellaneous petition against the order dated 28.06.2017 passed by Munsif, Gopalganj in Election Case No.6 of 2016.
2 29-10-2018
It has already been settled by a Single Bench judgment of this Court reported in 2001(4) PLJR 713 that the Munsif while deciding the election disputes of Panchayat election does not as Civil Court rather Munsif acts as a Tribunal and, therefore, this civil miscellaneous petition against the order passed by Munsif as Election Tribunal is not maintainable.
Learned counsel for the petitioner seeks permission to convert this civil miscellaneous petition into CWJC and also prayed to change the subject matter of the writ as Panchayat election disputes.
Prayer is allowed. Learned counsel for the petitioner is
Patna High Court C.Misc. No.1465 of 2017 (2) dt.29-10-2018 2
permitted to convert this civil miscellaneous petition into CWJC
within one week after Chhath holidays.
(Prabhat Kumar Jha, J)
Saurabh/-
U
1 issue framed by the court
Whether petitioner is permitted to convert a civil miscellaneous petition into a writ petition to challenge an election dispute order.
Colour shows how this judgement treated each authority
2001(4) PLJR 713Referred¶7
Sushma Devi
Rita Devi
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
