The Court dismissed a writ petition seeking a mandate that a winning candidate in upcoming Municipal Elections must secure 50% of valid votes. The Court held such a condition falls exclusively within the legislative domain.
Prayer for direction to declare winners only upon securing 50% valid votes was dismissed.
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.7121 of 2022
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Kanhaiya Lal Bhaskar @ K.L. Bhaskar (in person) son of Late Ramayan Prasad, resident of Sasaram Town, Police Station Sasaram, District- Rohtas at Sasaram, founder of Mission for Democratic Reform.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Kanhaiya Lal Bhaskar @ K.L. Bhaskar (In Person) For the Respondent/s : Mr.Ajay (Ga5) ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 04-07-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
“That the prayer for direction to the respondents by issuing writ of mandamus or any other writ or direction or directions for declaration of winner candidates on the basis of obtaining 50% valid vote casted by voters, contesting in Municipal election likely to be held in the month of April/May 2022 for the post of Mayor/Deputy Mayor of Nagar Nigam, Mukhaya Parsad/Deputy Mukhya Parsad, Chairman/Vice Chairman of Nagar Panchayat, so that horse trading between the voters could not be done at all.”
The issue raised in this writ petition with respect to declaration of successful candidate in Municipal Election only if
Patna High Court CWJC No.7121 of 2022 dt.04-07-2022 2/2
he secures 50 per cent of votes polled in Municipal Elections is subject which lies exclusively within the domain of State Legislature and no such direction can be issued by this Court in its writ jurisdiction .
Accordingly, writ petition is dismissed.
However, dismissal of present writ petition will not preclude the writ petitioner to raise the issues as raised in this writ petition before the appropriate forum.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 04.07.2022 |
| Transmission Date | NA |
1 issue framed by the court
Whether this Court can issue a direction for declaration of a winner in Municipal Elections only if the candidate secures 50% of valid votes casted.
Kanhaiya Lal Bhaskar @ K.L. Bhaskar
State of Bihar
Principal Secretary Nagar Vikash Vibhag
Principal Secretary Panchayati Raj Vibhag
Chief Election Officer
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
