Clerk's order dismissing the writ petition challenging a Gazette notification for Bihar Lok Sabha phase-II elections. Petitioner unrepresented; counsel for respondents noted prior Supreme Court dismissal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10422 of 2019
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Mohammad Kausar Perwez @ Qusar Parvej, Advocate, Permanent Resident of Village Bhatabari P.S. Bahadur Ganj District- Kishanganj, Bihar, 855101.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr.Siddhartha Prasad, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 08-05-2019
The present writ petition has been filed under Sections 80A and 81 of the Representation of the People Act, 1951 read with Article 329(b) of the Constitution of India to quash the Gazette notification dated 19.03.2019 in relation to Bihar in the 2nd phase of Lok Sabha Elections scheduled to be conducted on 18th April, 2019 for 10 Lok Sabha Constituencies of District Kishanganj, 11-Katihar, 12-Purnia, 26-Bhagalpur and 27-Banka, Bihar.
Patna High Court CWJC No.10422 of 2019 dt.08-05-2019 2/2
behalf of the respondent-Election Commission of India submits on instruction that the petitioner had earlier approached the Hon’ble Supreme Court of India in Writ Petition (Civil) No. 404 of 2019 (Mohmmad Kausar Perwez vs. The Chief Election Commissioner, Election Commission of India and Ors.) for the same relief, which was dismissed by order dated 05.04.2019 with the following observation--
“ We find no merit in the writ petition. The same is, accordingly, dismissed.”
(Vikash Jain, J)
Chandran/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 08.05.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether the writ petition seeking quashing of the Gazette notification for the 2nd phase of Lok Sabha Elections in selected Bihar constituencies should be allowed.
2 provisions across 2 enactments
Mohammad Kausar Perwez @ Qusar Parvej
The Chief Election Commissioner, Election Commission of India
The Election Commissioner, State Election Commission of Bihar
District Election Officer (Returning Officer) State Election Commission of Bihar, District Kishanganj
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
