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Jharkhand High Court

Binod Srivastava vs The State Of Jharkhand Through The ... on 5 March, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P. (C) No.2541 of 2023
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       Binod Srivastava                                            ....      ....      Petitioner
                                        Versus

1. The State of Jharkhand through the Secretary, Urban Development and Housing Department, Ratu Road, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi

2. The Secretary, Urban Development and Housing Department, Ratu Road, P.O.-G.P.O-, P.S.-Kotwali, District-Ranchi

3. The State Election Commission, Ratu Road, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Sunil Kumar Sinha, Adv. For the Resp.-State : Mr. H.P.Singh, A.C. to G.P.-V For the Respondent No.3 : Mr. Sumeet Kumar Gadodia, Adv.

Mrs. Shilpi Sandil Gadodia, Adv.

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th 04/Dated: 05 March, 2024

1. Heard the parties.

2. The present writ petition has been filed for commanding upon the respondents to hold the election of Adityapur Municipal Corporation of the post of Mayor within the stipulated period as envisaged under Article 243(u), 1(3)(a) of the Constitution of India and further the term of election of the petitioner as Mayor be directed to be extended for a further period till the date of election is declared and notified.

3. It has been submitted by learned counsel for the respondent No.3 that the issue has already been settled by the Co-ordinate Bench of this Court vide order dated 04.01.2024 passed in W.P.(C) No.1923 of 2023 in the case of Rina Kumari Vrs. State of Jharkhand through Chief Secretary, Jharkhand, Ranchi & Ors. and analogous case.

It has been further submitted that against the said order an L.P.A. being L.P.A. No.57 of 2024 has been preferred which is pending before this Court.

4. Since the issue involved in the present writ petition is already pending in this Court in the above mentioned case, I am not inclined to entertain the present writ petition over the same issue.

5. Accordingly, the present writ petition stands disposed of observing that this case will be covered as per order of the pending L.P.A. (Rajesh Kumar, J.) Shahid/-

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