Dismissed¶25

Shivnandan Sah v. The State of Bihar

Patna HC1 Dec 2025CWJC/9641/2025

Case brief

AI extract

What is this about?

Patna High Court CWJC No.9641 of 2025 (order dated 01-12-2025); maintainability of PIL; writ of mandamus; de-reservation of Assembly seat No. 173, Rajgir, District Nalanda, from Scheduled Caste reservation; Representation Act 1957; Article 332; Election Commission of India; State of Bihar; District Election Commissioner Nalanda; writ application dismissed as not maintainable as a PIL and for want of merit; pending applications disposed of.

What did the court decide?

Considering the nature of the reliefs sought, and upon plain reading of the record, the present matter cannot be treated as a Public Interest Litigation. ¶23

Shivnandan Sah 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.9641 of 2025

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Shivnandan Sah Son of Sita Ram Sah Resident of Near M.B.B.L. College, Village- Damodarpur, Police Station- Kanti, District- Muzaffarpur.

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... ... Petitioner

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Versus

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The State of Bihar. 2. The Chief Election Commissioner of India. 3. The Election Commission, State of Bihar, Patna. 4. The District Election Commissioner, Nalanda.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Pramod Kumar, Advocate For the E.C.I. : Mr. Siddhartha Prasad, Advocate ======================================================

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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5 01-12-2025 Following is the relief sought for in the present writ

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application:-

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“1. That through the Public Interest Litigation the petitioner as in individual capacity as well as representing capacity seek indulgence of this Hon’ble Court for the following:-

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(A) For issuance of writ in the nature of mandamus directing/commanding the respondents to take immediate step for declare unreserved, 173, Rajgir Assembly seat, District- Nalanda the said seat is reserved from Schedule Caste Category Reservation since 1952 as Representation Act 1957.

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(B) For further directing the respondent to take step for enquire the matter make reservation free of 173 Rajgir Assembly Seat Reserve as

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Patna High Court CWJC No.9641 of 2025(5) dt.01-12-2025 2/2

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Schedule Caste since long and also be given chance to other Caste and Community to represent at the said seat.

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(C) For also directing the concern respondents to take necessary step for free from (S.C.) reservation of Rajgir Assembly Seat (173) Bihar has been reserved for the Scheduled Caste since its establishment 1957.

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(D) For that the respondents are take necessary action as per Article 332 of the Public Representation Act 1957.

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(E) For issue any other appropriate writ/writs, order/orders, direction or directions for which the petitioner is found entitled to in the facts and circumstances of this case.”

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Considering the nature of reliefs sought, and upon plain reading of the record, it is apparent that the present matter cannot be treated as a Public Interest Litigation.

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We find no merit in the present writ application and

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the same is, accordingly, dismissed.

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Pending application(s), if any, shall also stand disposed of.

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(Sudhir Singh, ACJ)

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(Rajesh Kumar Verma, J)

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Sachin/-

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Shivnandan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivnandan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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