Disposed

Ashok Kumar Jha v. The State Of Bihar and Ors.

Patna HC20 Jun 2019CWJC/9970/2017

Case brief

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What is this about?

The Patna High Court disposed of a writ petition directing the Bihar State Election Commission to examine a complaint by the petitioner regarding the alleged disqualification of受访者 (Jagtarni Devi) under the Bihar Panchayat Raj Act, 2006, within four months.

What did the court decide?

Counsel for the petitioner to look into the complaint preferred by the petitioner and dispose off within four months.

Ashok Kumar Jha Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9970 of 2017

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======================================================

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Ashok Kumar Jha Son of Jeewachh Jha, Resident of Village- Sahpur, Block and Police Station- Khanpur, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Panchayati Raj Department Government of Bihar, Patna.

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The Commissioner, Bihar State Election Commission, Sone Bhawan, Veerchand Patel Path, Patna.

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The District Magistrate cum District Election Officer, Samastipur.

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The District Panchayati Raj Officer Samastipur.

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The Block Development Officer cum Returning Officer, Khanpur, DistrictSamastipur.

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Jagtarni Devi Wife of Bholanath Jha, Resident of Village Sahpur, Block and Police Station- Khanpur, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar, Advocate Mr.Kundan Kumar, Advocate For the State : Mr.Pratik Kr. Sinha, AC to GA-5 For the SEC : Mr.Amit Shrivastava, Advocate Mr.Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 20-06-2019

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Although, in the writ application a prayer has been made for a declaration by this Court that the private respondent no. 6 suffers from disqualification in terms of Section 136(1)(g) of the Bihar Panchayat Raj Act, 2006, hence her election be cancelled, learned counsel representing the petitioner having realized the scope and ambit of the writ application submits that in fact, he is looking only for a direction to the Bihar State Election Commission to look into the complaint preferred by the

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Patna High Court CWJC No.9970 of 2017(2) dt.20-06-2019 2/2

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petitioner before the Commission giving rise to the Complaint Case No. 9016 of 2016, consider the same and dispose off the complaint within a reasonable time.

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Learned counsel representing the Bihar State Election Commission has no objection to the submission of the petitioner to the extent he seeks only consideration of his complaint and disposal thereof.

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In the given facts and circumstances of the case, the writ application is disposed off with a direction to the Bihar State Election Commission to look into the grievance of the petitioner, consider the same after giving opportunity of hearing to all concerned and take an appropriate decision thereon in accordance with law within a period of four months from the date of receipt/production of a copy of this order.

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(Rajeev Ranjan Prasad, J)

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avin/-ved

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Ashok Kumar Jha v. The State Of Bihar and Ors.

Case brief

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Ashok Kumar Jha v. The State Of Bihar and Ors.

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