Dismissed¶23

Rajendra Mishra v. The Chief Election Commissioner Govt. India and Ors.

Patna HC3 Jul 2024CWJC/20581/2014

Case brief

AI extract

What is this about?

Bochahan Assembly constituency dereservation; SC / Scheduled Caste reserved seat; Article 334 Constitution of India; writ of mandamus; Election Commission of India; Chief Electoral Officer Bihar; Muzaffarpur; withdrawal of writ petition; dismissed as not pressed; CWJC No.20581 of 2014; Mohit Kumar Shah; 03-07-2024.

What did the court decide?

The present writ petition stands dismissed as not pressed, consequent upon the petitioner's counsel seeking withdrawal to which the respondent-State's counsel had no objection; no question on the merits of reservation or dereservation was adjudicated. ¶23

Rajendra Mishra Vs The Chief Election Commissioner Govt. India and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20581 of 2014

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Rajendra Mishra Son of late Rameshwar Mishra, Resident of village and P.O. Adi Gopalpur P.S. Bochahan District. Muzaffarpur

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... ... Petitioner/s

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Versus

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The Chief Election Commissioner, Election Commission of India, New Delhi.

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The Chief Electoral Officer, Bihar, Patna

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The District Magistrate-Cum-Election Officer, Muzaffarpur.

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Sub-Divisional Officer, East Muzaffarpur.

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The Block Development Officer, Bochahan P.S. Bochahan District Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nirmal Kumar Sinha-3, Advocate For the ECI : Mr.Siddhartha Prasad, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 03-07-2024

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The present writ petition has been filed seeking the

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following relief(s):-

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“1(a) To issue a writ of mandamus or any other writ or writs, direction or directions commanding upon the respondents to dereserve Bochahan Assembly constituency, which was reserved for S/C community as per information to the petitioner in the year 1962 and even after expiry of fifty yeas as per Article 334 of the Constitution of India is still reserve for S./c community, Not only Bochahan Assembly Constituency . There are other several constituencies also which were reserved for S/C community is still reserved even after expiry of statutory period.

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Patna High Court CWJC No.20581 of 2014(3) dt.03-07-2024 2/2

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(b) That the respondents be directed to produce the notification as to when Bochahan constituency was declared reserved for S/C community as on demand by the petitioner they are not providing the notification declaring Bochahan Constituency as a reserve constituency.

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(c) That other parliamentary constituency is also reserved from the inception of constitution of India, which are still reserve constituency for S/C community only from where the Multi milliners from S.C. are fighting the election even after expiry of fifty yeas as under Article 334 of the Constitution. Those Assembly and Parliamentary constituencies also should be dereserved.”

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The learned counsel for the petitioner seeks to withdraw the present writ petition, to which the learned counsel for the respondent-State has got no objection.

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Accordingly, the present writ petition stands dismissed as not pressed.

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(Mohit Kumar Shah, J)

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Saurav/-

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Rajendra Mishra v. The Chief Election Commissioner Govt. India and Ors.

Case brief

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Rajendra Mishra v. The Chief Election Commissioner Govt. India and Ors.

Case brief

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