Dismissed¶25

Sri Saryug Mochi @ Saraug Mochi, v. The State Election Commissioner, State Election Commission (Municipality)

Patna HC19 Aug 2025CWJC/13160/2025

Case brief

AI extract

What is this about?

Patna High Court, CWJC No. 13160 of 2025, decided 19-08-2025, Dr. Anshuman, J. Saryug Mochi v. State Election Commissioner (Municipality) and others incl. Ashok Kumar. Municipal election matter, Case No. 26/2025: plea for opportunity of reply and hearing before judgment; SEC Letter No. 3097 dt. 11.07.2025 ordering DM-cum-DEO enquiry; judgment reserved 23.07.2025 ahead of SEC superannuation on 25.07.2025; State preliminary objection upheld in effect; writ dismissed with liberty to take legal recourse. No statute or precedent cited.

What did the court decide?

Liberty to the petitioner, if aggrieved by the order passed by the authority concerned, to take legal recourse in accordance with law. ¶25

Sri Saryug Mochi @ Saraug Mochi, Vs The State Election Commissioner, State Election Commission (Municipality) — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13160 of 2025

¶2

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

¶3

Sri Saryug Mochi @ Saraug Mochi, S/o- GanauriMochi, R/o-Akopur, (Arokur) P.O.-Amarpura, P.S.- Naubatpur, District-Patna, Bihar-8011117.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State Election Commissioner, State Election Commission (Municipality), Sone Bhawan, 3rd Floor, Veerchand Patel Path, Patna.

¶7

The District Magistrate- Cum- District Election Officer(Municipality), Patna, District-Patna.

¶8

The Sub-Divisional Magistrate, Danapur, District-Patna.

¶9

Ashok Kumar, Son of -Ram Naresh Yadav, Resident of-MohniPokhar, P.O.Amarpur, P.S.- Naubatpur, District-Patna.

¶10

... ... Respondent/s

¶11

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

¶12

Appearance : For the Petitioner/s : Mr.Ayush Kumar, Adv. For the Respondent/s : Mr. Anant Pd. Singh, SC15 Mrs. Deepika Sharma, AC to SC15 ======================================================

¶13

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶14

2 19-08-2025

¶15

Heard learned counsel for the petitioner and learned

¶16

counsel for the State.

¶17

The present writ application has been filed with the

¶18

following reliefs:-

¶19

I. For issuance of direction to the respondent State Election Commissioner, State Election Commission (Municipality) to grant opportunity to the petitioner to submit their reply in Case No.-26/2025 and provide opportunity of proper hearing before the pronouncement of judgment.

¶20

II. The petitioner further prays that the respondent State Election Commissioner (Municipality) be directed to respect his own direction contained in Letter No.-3097, Dated 11.07.2025 whereby he directed the D.M.-cum-

¶21

Patna High Court CWJC No.13160 of 2025(2) dt.19-08-2025 2/2

¶22

District Election Officer (Municipality), Patna to hold an enquiry with regard to allegation made in Case No.-26/2025 and submit report but most unfortunately State Election Commissioner without even waiting for the enquiry report proposed to be carried out and to be submitted by the District Magistrate, Patna has reserve the judgment on 23.07.2025 and expected to deliver the final judgment on 25.07.2025, the date on the State Election Commissioner is going to attained his superannuation.

¶23

Counsel for the State raise preliminary objection and submits that there is no grievance of the petitioner at present as the opportunity of hearing has already been granted to him and till date, no order has been passed and proceeding is going on.

¶24

In this background, this Court is not inclined to interfere in the process of judgment delivery.

¶25

Accordingly, the present writ application is hereby dismissed with liberty granting to the petitioner that if he shall aggrieved by the order passed by the authority concerned, then he may take legal recourse in accordance with law.

¶26

Prakashmani/-

¶27

Sri Saryug Mochi @ Saraug Mochi, v. The State Election Commissioner, State Election Commission (Municipality)

Case brief

What is this about?

What did the court decide?

Sri Saryug Mochi @ Saraug Mochi, v. The State Election Commissioner, State Election Commission (Municipality)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amit Kumar Vs The State of Bihar

Chandeshwar Prasad Vs The State of Bihar

Ajay Kumar Mishra Vs The State of Bihar

Maya Devi, Vs The State of Bihar

Harendra Pratap Singh,Advocate Vs the State of Bihar and Ors.

Prabhat Shankar Vs The State of Bihar