Akhilesh Kumar Singh Vs. State of Bihar and ors

Akhilesh Kumar Singh vs State of Bihar and ors

Type Court Judgment Court Patna Decided Aug 20, 2013

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https://sooperkanoon.com/case/1028441

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Citation: sooperkanoon.com/1028441
Court: Patna High Court
Decided On: Aug 20, 2013
Subject: Election

Case Summary

AI-generated summary - not the official court judgment text.

Election

Key legal issue: Election

Parties & Advocates

Appellant / Petitioner

Akhilesh Kumar Singh

Respondent

State of Bihar and ors

Excerpt

.....sanjeev nikesh, advocate =========================================================== coram: honourable justice smt. anjana prakash oral judgment date:20. 08-2013 the petitioner seeks quashing of the entire proceeding including the order of cognizance dated 19.5.2008 passed by the chief judicial magistrate, gaya in bodhgaya p.s. case no.158 of 2007. the prosecution case is that the petitioner, who was contesting the election of the ward commissioner, was mentioned twice in the electoral roll and hence the present prosecution. the submission of the petitioner is that even if his name found mention at two places, he has not committed any irregularity since he is not the person, who had prepared the roll nor had he in any manner violated the code of the election, which is evident from the format of the election form. patna high court cr.misc. no.55495 of 2007 dt.20-08-2013 2 learned counsel for the election commission submits that since the petitioner’s name was found twice on the electoral roll she should be prosecuted. considering the circumstances of the case and that the petitioner could not be linked for the wrong entry in the electoral roll which has no bearing with regard to the entries in the declaration as a candidate for ward commissioner, the application is allowed and the entire proceeding including the order dated 19.5.2008 passed by the chief judicial magistrate, gaya in bodhgaya p.s. case no.158 of 2007 is hereby set aside. (anjana prakash, j) nafr/narendra/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55495 of 2007 =========================================================== Akhilesh Kumar Singh, Ward Parshad, Ward No.2, Nagar Panchayat Bodhgaya, S/o Basudeo Prasad, P.S. Bodhgaya, District Gaya .... .... Petitioner/s Versus 1. State of Bihar 2. Ayukt, Rajya Nirwachan Ayog, Bihar, Patna 3. Jitendra Srivastava, Zila Nirwachan Padadhikari-sah-Zila Padadhikari, Gaya 4. Padadhikari, Nagar Panchayat, Bodhgaya-sah-Anumandal Padadhikari, Sadar, Gaya .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Indradeo Prasad, Advocate For the State : Dr. Indiwar Kumari, A.P.P. For Opposite Party No.2 : Mr. R.S. Pradhan, Sr. Advocate Mr. Sanjeev Nikesh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

Date:

20. 08-2013 The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 19.5.2008 passed by the Chief Judicial Magistrate, Gaya in Bodhgaya P.S. case No.158 of 2007. The prosecution case is that the Petitioner, who was contesting the election of the Ward Commissioner, was mentioned twice in the electoral roll and hence the present prosecution. The submission of the Petitioner is that even if his name found mention at two places, he has not committed any irregularity since he is not the person, who had prepared the roll nor had he in any manner violated the Code of the election, which is evident from the format of the election form. Patna High Court Cr.Misc. No.55495 of 2007 dt.20-08-2013 2 Learned Counsel for the Election Commission submits that since the Petitioner’s name was found twice on the electoral roll she should be prosecuted. Considering the circumstances of the case and that the Petitioner could not be linked for the wrong entry in the electoral roll which has no bearing with regard to the entries in the declaration as a candidate for Ward Commissioner, the application is allowed and the entire proceeding including the order dated 19.5.2008 passed by the Chief Judicial Magistrate, Gaya in Bodhgaya P.S. case No.158 of 2007 is hereby set aside. (Anjana Prakash, J) NAFR/Narendra/-

Same Court & Year Patna · 2013 Same Parties Akhilesh Kumar Singh vs State of Bihar and ors Same Subject Election

Election Election Commission Electoral roll high court set aside The State