Court : Patna
R.S. Garg, J.1. This order shall dispose of the present writ Application and C.W.J.C. No. 4843/2002 Raj Kumars v. State Election Commission, C.W.J.C. No. 5031/2002 Nilam Devi v. State Election Commission, C.W.J.C. No. 4050/2002 Bibha Kumari v. State Election Commission, C.W.J.C. No. 4289/2002 Baljeet Singh v. State Election Commission, C.W.J.C. No. 4414/2002 Indrani Gope v. State Election Commission, C.W.J.C. No. 4528/2002 Smt. Rupa Devi v. State of Bihar, C.W.J.C. No. 4934/2002 Shivbrat Mahto and Anr. v. State of Bihar and Ors. C.W.J.C. No. 5216/2002, Indu Devi v. State of Bihar and Ors. C.W.J.C. No. 5238/2002 Surendra Prasad v. State of Bihar and Ors. C.W.J.C. No. 3686/2002 Sharda Singh v. The State Election Commissioner, Patna and Ors. C.W.J.C. No. 3896/2002 Prem Nath Mishra v. State Election Commission, Patna and Ors. C.W.J.C. No. 3925/2002 Shailendra Kumar v. State of Bihar and Ors. C.W.J.C. No. 4022/2002 Dasrath Prasad Yadav v State of Bihar and Ors. C.W.J.C. No. 4310/2002 Smt S...
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1. In this writ petition a prayer has been made for of an appropriate writ in the nature of certiorari for quashing the notification of the State Government, Department of Urban development, dated 25-3-1998, as contained in Annexure 5 whereby the old elected body of Giridih Municipality in the year 1989 was allowed to function and the previous decision dated 23-6-1995 regarding dissolution of the municipal Board was cancelled. 2. The facts of the case are not in dispute. The general election of Giridih Municipality as per the provisions of the unamended Act, 1922 was conducted on 22-1-1989 and the election of the Chairman thereof was held on 15-5-1989 in the first general meeting of the Board of the Municipality. Admittedly the term of five years of the elected body was complete on 30-5-1994 and the grace period of six months as provided under the old Act had also expired on 30-11-1994. Therefore, the State Government in exercise of its power conferred under S. 29 of the unamended Ac...
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Navin Singh, J.1. The petitioners are residents of village Kulharia under the territorial jurisdiction of the Kulharia Gram panchayat. Respondent No. 7 is a resident of Village Kuberchak, Dhandiha Gram Panchayat. The petitioners are voters of Kulharia Gram Panchayat while respondent No. 7 is a voter of Dhandiha Gram Panchayat. Both Gram Panchayats are under the Koilwar Block district Ghojpur. Petitioner No. 1 and respondent No. 7 filed nominations for the post of Mukhiya of the Kulharia Gram Panchayat. The petitioner filed objection to the nomination filed by respondent No. 7 on the ground that he was not a voter of the Kulharia Gram Panchayat and therefore ineligible to file such nomination. The objection was rejected on 21-3-2007 by the Returning Officer. The elections took place and results were declared on 17-6-2006. Respondent No. 7 was elected as Mukhia.2. The issue for determination is, if a voter of one Gram Panchayat is eligible to contest for the post of Mukhiya from anothe...
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Heard counsel for the petitioner and learned counsel appearing on behalf of the State Election Commission as well as learned counsel appearing on behalf of Respondent no.6. The petitioner in effect prays for unseating respondent no.6 and for issuance of certificate of being elected as Mukhiya in her favour. The petitioner along with respondent no.6 and others contested election for the post of Mukhiya of Agion Gram Panchayat held in the year 2011. On 18.5.2011, the counting of the result of Agion Gram Panchayat concluded and the Returning Officer issued details of election result under rule 81(1) of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as "the Rules’). As per the details of votes secured by the candidate mentioned in declaration form prepared under rule 81(1) of the Rules, the petitioner polled 638 votes, whereas Dhanamuni Devi secured 637 votes. The grievance of the petitioner is that subsequently another declaration under Rule 81(1) of 2006 Rules wa...
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This Appeal under Clause 10 of the Letters Patent preferred by the respondent no.9 arises from the judgment and order dated 16th September 2010 passed by the learned single Judge in CWJC No.12054 of 2010. The matter relates to appointment of Panchayat Shiksha Mitra under the Gram Panchayat Mohiuddinpur, P.S. Hansa, District-Samastipur under the then prevalent Scheme (hereinafter referred to as žthe SchemeŸ) and absorption as Panchayat Teacher under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as œthe Rules of 2006?). The respondent no.10 Prashant Kumar approached this Court under Article 226 of the Constitution in CWJC No.12054 of 2010 to challenge the order dated 26th June 2010 made by the District Magistrate, Samastipur in Miscellaneous Case No.1 of 2010 and the order of cancellation of his appointment made by the Gram Panchayat on 1st January 2009. It appears that as early as in April 2003, the writ ...
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1. The petitioner prays for quashing the order dated 30.8.2011 passed by the State Election Commission, Patna in Case No.31 of 2011, disqualifying him to hold the post of Mukhiya of Hardaspur Diara Gram Panchayat, as he was under age on the date of filing of nomination on 23.3.2011. 2. The prayer is founded on the following grounds: (i) The State Election Commission cannot decide the question of disqualification of a member of Panchayat incurred before election after conclusion of the electoral process (ii) The State Election commission is not competent to decide the contested question of fact which requires evidence and is best left to be tried by the Election Tribunal. 3. Before we examine the issues involved in this case, the brief facts of the case are being indicated. The petitioner filed his nomination paper on 23.3.2011 for election to the post of Mukhiya of Hardaspur Gram Panchyat within Bakhtiarpur Block. The date of birth mentioned in the nomination paper as well as in affida...
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CIVIL WRIT JURISDICTION CASE No.3436 OF 199.1. SHRI RAM CHANDRA BHAGWANJI AND seven other deities through Shebait Ramesh Prasad Choudhary (since dead and substituted by L.Rs.) 2. Rajnish Chaudhary 2A.Ashish Chaudhary Both sons of late Ramesh Prasad Choudhary, village Rampur, P.S. Katihar, District Katihar 3. Keshav Prasad Choudhary, son of late Bishwanath Choudhary, resident of village Rampur, P.S. Katihar, District Katihar ... Petitioners Versus 1. THE STATE OF BIHAR 2 The Collector cum District Magistrate, Katihar 3. The Deputy Collector Incharge, District Legal Section, Katihar 4. The Additional Collector, Ceiling, Patna ... Respondents with CWJC No.7323 OF 199.1. SHRI RAM CHANDRA BHAGWANJI AND seven other deities through Shebait Ramesh Prasad Choudhary(Since dead and substituted by L.Rs.) 2. Rajnish Chaudhary 2A.Ashish Chaudhary Both sons of late Ramesh Prasad Choudhary, village Rampur, P.S. Katihar, District Katihar ... Petitioners Versus 1. THE STATE OF BIHAR 2 The Collector cum ...
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CIVIL WRIT JURISDICTION CASE No.3436 OF 199.1. SHRI RAM CHANDRA BHAGWANJI AND seven other deities through Shebait Ramesh Prasad Choudhary (since dead and substituted by L.Rs.) 2. Rajnish Chaudhary 2A.Ashish Chaudhary Both sons of late Ramesh Prasad Choudhary, village Rampur, P.S. Katihar, District Katihar 3. Keshav Prasad Choudhary, son of late Bishwanath Choudhary, resident of village Rampur, P.S. Katihar, District Katihar ... Petitioners Versus 1. THE STATE OF BIHAR 2 The Collector cum District Magistrate, Katihar 3. The Deputy Collector Incharge, District Legal Section, Katihar 4. The Additional Collector, Ceiling, Patna ... Respondents with CWJC No.7323 OF 199.1. SHRI RAM CHANDRA BHAGWANJI AND seven other deities through Shebait Ramesh Prasad Choudhary(Since dead and substituted by L.Rs.) 2. Rajnish Chaudhary 2A.Ashish Chaudhary Both sons of late Ramesh Prasad Choudhary, village Rampur, P.S. Katihar, District Katihar ... Petitioners Versus 1. THE STATE OF BIHAR 2 The Collector cum ...
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1. Heard Mr. D.K. Sinha, learned Counsel for the appellant and Mr. P.K. Shahi, learned Advocate General for the respondents.2. This appeal is directed against the order dated 18.7.2007, passed by a learned Single Judge of this Court in C.W.J.C.No. 14236 of 2006 dismissing the writ application.3. The short facts giving rise to this appeal are as under:The appellant, who was working on the post of Angan Bari Sevika, resigned from her post on 20th February, 2006 to contest for the post of Mukhiya of Pakharpur Gram Panchayat in the district of Arwal. Her resignation dated 20th February, 2006 was accepted on 21.2.2006 by the Aam Sabha. In the election for the post of Mukhiya, however, she was elected. After her election, the matter, however, was reported to the Election Commission that the appellant was disqualified to contest, the election of Mukhiya as she was an Angan Bari Sevika, coupled with the facts that her resignation was not accepted properly and she was holding a post of profit....
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This writ application has been filed challenging the order dated 25.4.2009, passed by the Sub-Judge-1, Nalanda at Biharsharif in Case No. Election 2/07, filed on behalf of Sanju Kumari. Sanju Kumari stood for election for the post of a Ward Member in the Biharsharif Municipal Corporation Elections held in the year 2007. The ground for challenge of the said election is that it is alleged that 800 voters of Ward No. 39 have been shifted to Ward No. 37 which has caused tremendous prejudice to the petitioner as it was done at a belated stage after scrutiny of the nomination papers. The facts are that the date of filing the nomination for the candidates was fixed in between 27.4.2007 to 5.5.2007. The scrutiny was to be held in between 6.5.2007 and 7.5.2007. It is alleged that the final voters list was varied and 800 voters were shifted to Ward No. 37 on 27.4.2007. To substantiate the aforesaid submissions, learned counsel for the petitioner refers to Annexure-1. Annexure-1 is the draft vote...
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