Disposed

Md. Muslim v. The State of Bihar

Patna HC8 May 2019CWJC/8414/2019

Case brief

AI extract

What is this about?

The court directed the Election Commissioner of Bihar to consider the petitioner's application alleging disqualification of a Ward Member under Section 18(1)(n) of the Bihar Municipality Act, 2007, for non-attendance in meetings, and ordered disposal within three months.

What did the court decide?

Directed the Election Commissioner to consider the petitioner's application, decide its maintainability, and dispose of it within three months after hearing all parties.

Md. Muslim Vs The State of Bihar — Election Law | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8414 of 2019

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Md. Muslim aged about 67 years, Male, Son of Pir Mohammad, Resident of Ward No.21, Near SC/ST Thana, Anwarpur Chowk, P.S.-Hajipur, District -Vaishali.

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... ... Petitioner

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Versus

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The State of Bihar

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The Chief Election Commissioner, Bihar State Election Commission, Patna, Bihar

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The Principal Secretary, Urban Development and Housing Department, Bihar, Patna

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The District Magistrate, Vaishali at Hajipur

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The Sub divisional Officer, Hajipur, Vaishali

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The Executive Officer, Nagar Parishad, Hajipur

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Smt. Rama Nishad W/o Ajay Nishad Resident of Mohalla-Hathsarganj, Ward No.1, P.S.-Hajipur Town, District-Vaishali.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr.Alok Ranjan, Advocate For the State : Mr. Rakesh Ambastha, A.C. to AAG7 For the Nagar Parishad : Mr. Kumar Manish, Advocate For the B.S.E.C. : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 08-05-2019

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Heard learned counsel for the petitioner, learned counsel representing the Hazipur Municipality, learned counsel for the State and learned counsel for the State Election Commission.

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The grievance of the petitioner is that his application as contained in Annexure ‘2’ dated 12.09.2018 is not being considered by the Election Commissioner, Bihar State Election Commission. It appears that from reading of the application (Annexure ‘2’) that one Smt. Rama Nishad, who is also a Ward

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Patna High Court CWJC No.8414 of 2019(2) dt.08-05-2019 2/2

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Member, is not attending the meetings of the Board and since she has failed to attend the Board Meetings on three consecutive occasions, according to the petitioner Section 18(1)(n) of the Bihar Municipality Act, 2007 stands attracted and she would incur a disqualification.

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At this stage without going into the merit of the contention of the petitioner, this court would direct the Election Commissioner to look into the application of the petitioner, as contained in Annexure ‘2’ to the present writ application, consider the same and take an appropriate decision in accordance with law after hearing all concerned. The State Election Commission shall consider the maintainability of the application as one of the issues. It will be open for the parties to raise all such contentions which may be available to them either in support or against the application.

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It is expected that the application will be considered and disposed of within a period of three months from the date of receipt/production of a copy of this order.

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The writ application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Md. Muslim v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Muslim v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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