Disposed¶29

Dhananjay Kumar v. The State of Bihar

Patna HC7 Jan 2025CWJC/19166/2024

Case brief

AI extract

What is this about?

Co-operative society (PACS) election stayed by Bihar State Election Authority notification no. 2067 dated 20.11.2024; Dhusri PACS, Atri Block, Gaya; election of 27.11.2024 (2nd Phase) halted at symbol-allotment stage; petitioner alleged notification arbitrary, without reasons, violating natural justice; writ disposed of by mandamus direction to Bihar State Election Authority to decide pending representation within four weeks after hearing all concerned and communicate the order; Patna High Court, Rajesh Kumar Verma, J., decision dated 07-01-2025.

What did the court decide?

Direction to respondent No. 6 (Bihar State Election Authority) to dispose of the petitioner's representation in accordance with law within four weeks, after hearing all concerned, and to communicate the order to the petitioner. ¶29

Dhananjay Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19166 of 2024

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Dhananjay Kumar S/O- Late Ganesh Singh, R/O- Village and P.O.- Barika, P.S.- Atri, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate, Gaya.

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The District Magistrate-cum-District Election Officer (Co-operative Societies), Gaya.

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The Deputy Development Commissioner-cum-Nodal Officer (Co-operative Societies), Gaya.

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The District Co-operative Officer-cum-District Deputy Election Officer, Gaya.

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The Block Development Officer, Atri-cum-Returning Officer, PACCS Election, 2024, Block Atri, District- Gaya.

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The Bihar State Election Authority through the Chief Election Officer, Patna.

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The Secretary, Bihar State Election Authority, Patna.

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Purushottam Paswan, Secretary, Bihar State Election Authority, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjiv Kumar, Advocate For the State : Mr. Subodh Kumar, AC to SC 26 For the Election Authority : Mr. Mukesh Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 07-01-2025 Heard Mr. Sanjiv Kumar, learned counsel for the petitioner, Mr. Subodh Kumar, learned AC to SC-26 for the State as well as Mr. Mukesh Kumar Thakur, learned counsel appearing on behalf of the Election Authority.

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The present writ petition has been filed for the following reliefs;

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I. For quashing the notification no.-2067 dated 20.11.2024 issued under the signature of the

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Patna High Court CWJC No.19166 of 2024(2) dt.07-01-2025 2/3

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Secretary, Bihar State Election Authority so far it relates to Dhusri PACS, Atri Block, District Gaya whereby and where under the Election scheduled to be held on 27.11.2024 (2nd Phase), has been stayed due to unavoidable reason at the stage of allotment of Election Symbol to the candidates.

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II. To hold that the said notification dated 20.11.2024 is absolutely without mentioning any reason and therefore, arbitrary, unreasonable and in violation of natural justice.

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III. To direct the respondent Bihar State Election Authority to conduct the election forthwith from the stage after the allotment of Election Symbol and declare the result of Dhusri PACS, Atri Block, Gaya District.

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IV. For any other relief/reliefs to which the petitioner may be entitled to.

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Learned counsel for the petitioner outrightly submits that the petitioner has filed a detailed representation before the respondent no.6 (The Bihar State Election Authority) and the respondent no.6 (The Bihar State Election Authority) has not disposed of the representation of the petitioner as yet.

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In view of the aforesaid, the writ petition stands disposed of with the direction to respondent no.6 (The Bihar State Election Authority) to dispose of the representation of the petitioner in accordance with law within a period of four weeks from today after hearing all the concerned and also directed to

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Patna High Court CWJC No.19166 of 2024(2) dt.07-01-2025 3/3

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communicate the order to the petitioner.

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