In this oral order, the High Court of Patna dismissed a writ application seeking a declaration that the election of the Mukhiya of Gram Panchayat Raj, Gauspur Sarsuana, was null and void, holding that a writ court cannot grant such a declaration.
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.14382 of 2016
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Suresh Sah, S/o Late Sube Lal Sah, Resident of Village-Gauspur, Sarsauna, P.S.-N.H. Bangara, Distt- Samastipur
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Adv. Mr. Dilip Kumar Roy, Adv. Mr.Ram Sandesh Roy, Adv. For the State : Mr.Pushkar Narain Shahi-AAG-6 Mr. Mritunjay Kumar, AC to AAG-6 For the Election Commission: Mr. Amit Shrivastava, Adv. Mr. Girish Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
inasmuch as it is looking for a declaration that the election of
the Mukhiya of the Gram Panchayat Raj, Gauspur Sarsuana at Tajpur Block be declared null and void.
This Court is afraid that such a declaration cannot be
Patna High Court CWJC No.14382 of 2016(2) dt.03-04-2019 2/2
granted by a writ Court.
The writ application is dismissed.
(Rajeev Ranjan Prasad, J)
arvind/-
U
2 issues framed by the court
Whether a writ court can declare an election of a Mukhiya null and void.
Whether the present writ application is misconceived in seeking such a declaration.
Suresh Sah
The State Of Bihar
The principal Secretary, Department of Panchayati Raj, Govt. of Bihar
The Principal Secretary, Department of Urban Development, Govt. of Bihar
The State Election Commission
The District Magistrate, Samastipur
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
