Disposed

Gulshan Kumar v. The State Election Commission (Panchayat)

Patna HC6 Aug 2024CWJC/3293/2024

Case brief

AI extract

What is this about?

Petitioner sought a mandamus directing the Munsif, Aurangabad to expedite disposal of his election petition challenging the election of respondent no.4 before its term expired. Noting delay by the opposite party, the Court disposed of the petition directing expedition of the hearing.

What did the court decide?

Direction to the trial court to expedite and conclude Election Petition No.01 of 2021 preferably by 31.12.2024; copy of order communicated to District Judge, Aurangabad.

Gulshan Kumar Vs The State Election Commission (Panchayat) — Election Law | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3293 of 2024

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Gulshan Kumar Son of Ashok Kumar Singh, Resident of Village- Jagdishpur, P.O.- Bharthauli, Gram Panchayat, Padarawan, P.S.- Jamhor, DistrictAurangabad.

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... ... Petitioner/s

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Versus

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The State Election Commission (Panchayat) Sone Bhawan, Birchand Patel Path, Patna through the Secretary.

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The State Election Commissioner, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna.

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The Secretary, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna.

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Anil Paswan Son of Late Ramnath Paswan Resident of Village- Moredihri, P.O.- Padarawan, Gram Panchayat, Padarawan, P.S.- Jamhor, DistrictAurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. Ravi Ranjan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 06-08-2024 Heard the parties.

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The present writ petition has been preferred for the

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grant of following relief/s:-

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“For issuance of an appropriate writ in the nature of MANDAMUS ,commanding and directing the learned Munsif, Civil Court, Aurangabad for early disposal of Election Petition No.01 of 2021, which has been filed by the petitioner to challenge the election of the Respondent no.4 on the ground that if the

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Patna High Court CWJC No.3293 of 2024(3) dt.06-08-2024 2/3

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elections are brought for a term contemplated under the Statute itself i.e. for five years, in the interest of justice, a petition challenging the validity of an election has to be decided on priority over other cases to save such petitions to be rendered infructuous.

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(II) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”

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The petitioner has genuine grievance and simply want the Election Petition No. 01 of 2021 to be taken to its logical conclusion.

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A coordinate Bench on 08.04.2024 had called for a report from the concerned Court and as per the report (letter no. 14/2024) dated 16.04.2024, due to the non-cooperative attitude of the opposite party, who earlier chose not to appear even after the Gazette publication and when the matter was being heard ex parte, again came forward and this petition was allowed subject to payment of Rs. 2,000/-.

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From the facts it is clear that the opposite party no. 2 is delaying the process.

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Patna High Court CWJC No.3293 of 2024(3) dt.06-08-2024 3/3

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In that background, this Court disposes of the writ petition directing the concerned Court to take up the matter and the hearing be expedited and even if the opposite party shows non-cooperative attitude, should try to take the matter to its logical conclusion preferably by 31^st December, 2024.

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Let a copy of the order be communicated to the learned District Judge, Aurangabad for his perusal and needful action.

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(Rajiv Roy, J)

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Adnan/-

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Gulshan Kumar v. The State Election Commission (Panchayat)

Case brief

What is this about?

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Gulshan Kumar v. The State Election Commission (Panchayat)

Case brief

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