A single-paragraph order dismissing a writ application for quashing an election enquiry notice. The court held the petition premature due to lack of representation and no facts emerging regarding the petitioner's failure to respond to the notice issued nearly two and a half years prior.
The writ application was dismissed as premature.
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.3647 of 2020
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Anil Kumar Singh @ Anil Singh Son of late Mahendra Prasad Singh, Resident of Mohalla- Vijay Nagar, Near Mahendra Hotel, P.O. Banka, P.S. Banka, District- Banka.
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner : None For the Respondents : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate Mr. Subhash Prasad Singh (GA-3) Mr. Shiv Kumar, AC to GA-3
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
3 17-05-2022 The petitioner has filed the present writ application seeking quashing of a letter dated 10.12.2019 issued by the Deputy Development Commissioner, Banka, whereby the petitioner was asked to submit his explanation in relation to the allegations against him of having disclosed incorrect facts on affidavit while submitting his nomination paper for election to the post of Ward Councilor, Ward No. 8 of Banka Nagar
Patna High Court CWJC No.3647 of 2020(3) dt.17-05-2022 2/2
Parishad and having contested the election without paying municipal taxes.
It has been rightly submitted on behalf of the State that this writ application is pre-mature. The petitioner ought to have respondent to the said notice dated 10.12.2019.
There is no representation on behalf of the petitioner. There is no clue as to what happened after issuance of the impugned notice nearly two and half years back. Considering the nature of relief which the petitioner is seeking, we do not find any merit in this application.
This application is accordingly dismissed.
(Chakradhari Sharan Singh, J)
( Madhuresh Prasad, J)
K.K.RAO/-
U
2 issues framed by the court
Whether a writ application seeking quashing of a notice alleging false affidavit and non-payment of municipal taxes should be heard when the petitioner failed to respond and no facts emerged.
Whether the application is premature in the absence of any representation by the petitioner.
Anil Kumar Singh @ Anil Singh
The State of Bihar Election Commission
The Secretary, Bihar State Election Commission
The District Magistrate-Cum-District Election Officer
The President-Cum-Deputy Development Commissioner, Enquiry Committee
Chakradhari Sharan Singh
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
