Patna High Court - Orders
Maharana Singh vs The State Of Bihar And Ors on 28 June, 2019
Author: Jyoti Saran
Bench: Jyoti Saran, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2821 of 2018
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Maharana Singh
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh
For the Respondent/s : Mr. Raj Ballabh Pd. Yadav- Aag11
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
3 28-06-2019The grievance raised is that even when process for constitution of the Managing Committee of Sonbhadra Banshi Suryapur Vyapar Mandal was initiated by the respondent Bihar State Election Authority and nomination filed which went uncontested, yet process was stayed because in the opinion of the Bihar State Election Authority the forum was not complete.
According to the petitioner, where nomination filed is uncontested, such eventuality cannot be enough to stay the election process.
We note that a copy of this writ petition was served on Mr. Mukesh Kumar, learned counsel, who usually represents the Election Authority and whose name is also reflected in the cause list but since no one is appearing on behalf of the Bihar State Patna High Court CWJC No.2821 of 2018(3) dt.28-06-2019 2/2 Election Authority, we have left with no option but to issue notice to respondent no.2 the Bihar State Election Authority, for which requisites under ordinary process as well as registered cover with A/D must be filed by Friday next i.e. 5th July, 2019, failing which this writ petition shall stand rejected without further reference to the Bench.
List this matter for consideration on 2 nd August, 2019 under the heading 'For Orders' together with the office note on service of notice.
(Jyoti Saran, J) ( Partha Sarthy, J) Anjula/Surendra U