Petitioner sought a direction to the State Election Commission to hold a bye-election for a vacant Panchayat Samiti post due to the death of a member. The High Court directed the Commission to verify records and proceed with the election if data was available.
Direction to verify records and proceed with election if data available.
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.17533 of 2023
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Rita Devi W/o Sanjiv Kumar Singh, R/o Village- Tetri, Ward no.- 06, Tetari, Block- Naugachhia, District- Bhagalpur, Bihar-853204.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrit Kumar, Advocate. Mr. Kumar Shanu, Advocate. For the State : SC-15. For SEC : Mr. Girish Pandey, Advocate. Mr. Ravi Ranjan, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 12-12-2023
Heard Mr. Amrit Kumar, learned counsel along with Mr. Kumar Shanu, learned counsel appearing on behalf of the petitioner; Mr. Girish Pandey, learned counsel along with Mr. Ravi Ranjan, learned counsel for the State Election Commission and learned SC-15 for the State.
following reliefs:
“Issuance of a direction, order, or writ, including writ in the nature of mandamus directing the State Election Commission, Bihar to include the vacant post of Panchayat Samiti, Gram panchayat – Tetri, Pradeshik Nirvachan Keshtra Sankhya-09, District – Bhagalpur in Panchayat Bye-Election-2023 which will be conducted in the State of
Patna High Court CWJC No.17533 of 2023 dt.12-12-2023 2/6
Bihar on 28.12.2023.”
Patna High Court CWJC No.17533 of 2023 dt.12-12-2023 3/6
Panchayat Raj Officer, Naugachhiya in compliance of Memo No. 2484 dated 20.10.2023 of the District Panchayat Raj Officer. The same was required to be forwarded to the State Election Officer through the District Election Officer. As per the provision of Bihar Panchayat Raj Act, 2006, a vacancy can arise due to disqualification of a member or on account of seat becoming vacant due to death, resignation or any other reason which cause for fresh election in accordance with Section 144 of the Act. The manner of holding of election with respect to casual vacancy has been prescribed in Rule 121. For holding an election, preparation are to be made by gathering information with respect to name of the constituency, territorial constituency, total population, population of scheduled castes, population of scheduled tribes and extent of constituency, territorial constituency, such information is required to be sent by the District Magistrate. Petitioner has brought on record a communication made by the State Election Authority contained in Memo No. 3654 dated 18.10.2023 by which information has been sought from different District with respect to the constituencies in which vacancy has arisen due to death, resignation or on account of disqualification as enumerated under Section 136(1) of the Act. The information were required
Patna High Court CWJC No.17533 of 2023 dt.12-12-2023 4/6
to be sent by 27.10.2023 with respect to vacancy arising out of death or if any post has become vacant due to any of the above reasons.
Patna High Court CWJC No.17533 of 2023 dt.12-12-2023 5/6
election which has been announced on 04.12.2023.
Patna High Court CWJC No.17533 of 2023 dt.12-12-2023 6/6
(Purnendu Singh, J)
mantreshwar/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 14.12.2023 |
| Transmission Date | N.A. |
1 issue framed by the court
Whether the State Election Commission should be directed to hold a bye-election for a casual vacancy in a Panchayat Samiti post.
3 provisions across 2 enactments
Rita Devi
State of Bihar
State Election Commission, Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
