Court : Patna
Aftab Alam, J.1. This writ petition is filed against the judgment and order, dated June 14, 2002 passed by Munsif I, Vaishali at Hajipur in Election Case No. 61 of 2001. By the impugned judgment, the learned Munsif allowed the election petition filed by respondent No. 5 under Section 140 of the Bihar Panchayat Raj Act, 1993, set aside the election of the petitioner as the Mukhiya of Rajasan Gram Panchayat, declared respondent No. 5 as the winning candidate in the election of Mukhiya and directed the respondent authorities to take the consequential measures in accordance with law.2. Election for the post of Mukhiya of Rajasan Gram Panchayat under Biddupur block in the district of Vaishali was held in April-May, 2000. There were twelve candidates in contest, including the petitioner and respondent No. 5. The polling was held on 11.4.2000 on 15 polling booths. The counting of votes commenced from 13.5.2000 and the result was announced on 18.5.2000 according to which the petitioner had go...
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R.S. Garg, J.1. The petitioner who was declared as returned candidate, was candemned in the election petition as a law breaker and a person who committed misconduct during the course of counting of votes. The election petition filed by the present Respondent No. 4 was basically based upon the material pleading that there were some bunglings in counting of the votes, some votes which were cast in favour of the election petitioner were mixed in the lots of the returned candidate and despite his application for recount the Returning Officer, for the reasons best known to him, did not order for recount. The present petitioner/returned candidate contested the election petition on all possible grounds and inter alia pleaded that there were no illegalities in counting votes and as the application for recount of the vote did not provide any substance or material to persuade the Returning Officer for recount, the application was rightly not considered.2. As the parties joined sales, certain is...
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S.N. Hussain, J.1. Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the State Election commission and learned counsel for private respondent No. 6.2. This writ petition has been filled for quashing order dated 13.09.2006 (Annexure 1) passed by the State Election Commission, Bihar, allowing Case No. 43 of 2006 filed by respondent No. 6, namely, Mahendra Sharma and declaring the election of the petitioner on the post of Member, Zila Parishad, Begusarai, Area No. 26 as illegal.3. Learned counsel for the petitioner submitted that the age of the petitioner is 22 years, which was clearly mentioned in the nomination paper and affidavit filed by the petitioner on 22.03.2006 before the authorities concerned for contesting the election of Member of Zila Parishad, Begusarai, Area No. 26. He also stated that on 02.06.2006 the election was held and result was declared, in which the petitioner was declared successful and much thereafter on 10.08...
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S.B. Sinha, J.1.This application is directed against an order dated 26-2-1993 passed by the District Magistrate, Nalanda whereby and whereunder the petitioner has been declared unfit to discharge his functions Up-Mukhiya purported to be in terms of the provisions of Section 79 of the Bihar Panchayat Raj Act (hereinafter referred to as 'the said Act').2. The fact of the matter lies in very narrow compass.The petitioner joined Central Co-operative Bank as a Peon and has been working in that capacity since then.3. The Mukhiya of Karyanna Bindidih Gram Panchayat was removed whereafter the petitioner was elected to the post Executive member of the Panchayat and later on elected to the post of Up-Mukhiya. The petitioner was asked to perform the duties of the Mukhiya by an order dated 11-11-1992 as contained in Annexure-2 to the writ application.4. However, as noticed hereinbefore, by reason of the impugned order, the District Magistrate had found that he cannot function as a Mukhiya in view...
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Shashank Kumar Singh, JJ.1. This is an application under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 (compendiously the Act) filed by Sapru Jaykar Motilal C.R. Das Institute of Legal Aid Studies and Research through its vice Chairman and others, against the Union of India, Sarvashri A.K. Basak, Chief Secretary, Government of Bihar, N.K Agrawal, Commissioner-cum-Secretary, Rural Development Department, Govt. of Bihar, T.N. Sheshan, Chief Election Commissioner, and K.K. Saha, State Election Commissioner (Government of Bihar) and the relief sought is for initiating proceeding for civil contempt as against those opposite parties as they have willfully disobeyed the order passed in the judgment of this Court dated 22.10.195 in C.W.J.C. No. 488 of 199S inasmuch as they did not hold the Panchayat Election in this State of Bihar by 31.1.1996.2. The factual matrix of the case is that in this State Panchayat Elections were not held f...
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Aftab Alam, J. 1. Whether the legal position emerging from the, 73rd constitutional amendment, followed by the coming into force of the Bihar Panchayat Raj Act, 1993 (by which the Bihar Panchayat Raj Act, 1947 was repealed) allowed for appointment of Dalpaties (Head of the village volunteer force)? This is the common question arising for consideration in all the writ petitions and a letters patent appeal in this batch of cases. 2. 'The petitioners contend that appointment of Dalpaties could still be made after the 73rd constitutional amendment and the coining into force of the Bihar Panchayat Raj Act, 1993, at least, till 24-4-1997 when the Supreme Court by an order passed in a writ petition expressly stopped from functioning the Gram Panchayats which were supposedly in existence in this State on the basis of the elections held in the year 1978.3. On behalf of the State, on the other hand, it is maintained that after coming into force of the Bihar Panchayat Raj Act, 1993, no appointm...
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Ramesh Kumar Datta, J.1. Heard learned Counsel for the parties.2. The petitioner has come to this Court for quashing the decision and the proceedings of the Zila Parishad, Patna dated 11.8.2008 issued by the Respondent No. 4, the Chief Executive Officer-cum-Deputy Development Commissioner on 14.8.2008 (Annexure-3) by which he has declared the motion of no confidence taken up in the said meeting dated 11.8.2008 as having been defeated.3. The short facts of this case are that a special meeting was duly requisitioned by the Zila Parishad, Patna for considering the motion of no confidence against respondent No. 6, the Chairman, Zila Parishad, Patna. The Zila Parishad, Patna has 46 directly elected members. On 11.8.2008 in the special meeting as many as 27 of the directly elected members participated. However, when the voting on the no confidence motion took place three of the said members including the Adhayaksha, Zila Parishad did not participate in [he voting. Out of 24 remaining member...
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Ramesh Kr. Datta, J.1. This writ petition has been filed for a direction to set aside the order dated 13.3,2006 passed by respondent No. 2, the Returning Officer (Panchayat) -cum-Circle Officer, Jamalpur, Munger, by which the nomination paper of the petitioner for election to the post of Mukhiya 2006 has been rejected/cancelled in the scrutiny on the ground that in the nomination form in column Nirbachan Chetra Sankhaya the petitioner has wrongly written the word 3 (three) instead of the word, 8 (eight) and further to restore the. petitioner's nomination.2. A supplementary affidavit has been filed by the petitioner bringing on record the impugned order dated 13,3.2006 which could not be filed by him earlier since it was not available when the writ petition was filed. From perusal of the said order it appears that the ground for rejection was that the voter serial number of both the candidate and the proposer were wrong. 3. Learned Counsel for the petitioner has argued that the serial ...
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1. In a writ petition the respondent-petitioner complained before this Court that the seat of Makhiya of a particular Panchayat was reserved for extremely backward class community, and the same is being occupied by a person, who does not belong to the said community, and the Election Commission failed to even address itself to a complaint made by the petitioner to the effect. By the judgment and Order under appeal the writ petition was allowed with a direction upon the Commission to decide the merits of the said 66mplaint. While the appeal was preferred; by' the Commission against the judgment and order under appeal, the Commission applied its mind to the complaint lodged by the petitioner-respondent and concluded, ultimately, that the person elected does not belong to the Community for which the post in question was reserved. On such conclusion, Commission declared the election invalid. Subsequent thereto, the person, whose election was, thus, declared invalid, preferred a separate a...
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Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsels for the State Election Commission and the State.The petitioner seeks quashing of the order contained in Memo No. 127 dated 11.3.2002 passed by the District Magistrate-cum-District Election Officer (Urban Body), Samastipur, by which he has rejected the nomination paper filed by the petitioner on 7.3.2002 for the post of the Member of Ward Nos. 1 and 2 of Nagar Panchayat, Dalsingsarai.2. Learned Counsel for the petitioner, at the outset, states that since fresh general elections to the Urban Municipal Body have already taken place, hence, stricto sensu the writ application has become infructuous by the passage of time, but it is stated by learned Counsel that the interpretation of the legal provisions of Section 17 of the Bihar Municipal Act, 1922 as amended by the Bihar Municipal (Amendment) Ordinance, 2001, which provision is in pari materia to the prvisions contained in the present Bihar Municipal ...
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