Mojibur Rahman vs The State Of Bihar And Ors on 17 January, 2019

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Patna High Court - Orders

Mojibur Rahman vs The State Of Bihar And Ors on 17 January, 2019

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.3411 of 2018
                 ======================================================
                 Mojibur Rahman


                                                                 ... ... Petitioner/s
                                              Versus
                 The State Of Bihar and Ors


                                                               ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Uday Pratap Singh
                 For the Respondent/s   :      Mr.Prabhat Ranjan. AC to GP6.
                 For SEC                :      Mr. Sanjeev Nikesh, Adv.
                 For Pvt. Respondent    :      Mr. S.B.K. Manglam, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

5   17-01-2019

I.A. No.9413 of 2018 has been filed on behalf of respondent no. 7 with a prayer to vacate the interim order dated 30.03.2018 passed by this Court by which the effect of Letter No. 609 dated 16.03.2018 issued by the State Election Commission notifying the date of re-election for Booth No. 306 (Ward No. 13) of Gram Panchayat Raj Sirauna in compliance of the judgment and order dated 01.02.2018 passed by learned Munsif, Sikarahna in Election Case No. 06 of 2016 have been stayed.

Learned counsel for respondent no. 7 submits that the interim order was passed when the poll for Booth No. 306 was fixed for 01.04.2018. It is submitted that no harm would be Patna High Court CWJC No.3411 of 2018(5) dt.17-01-2019 2/4 caused if the polling is allowed to be held on date to be fixed by the State Election Commission which may be subject to the result of the writ application.

Learned counsel further submits that the interim order dated 30.03.2018 is infact being misconstrued and misused by the petitioner. It is submitted that the writ petitioner, in the garb of the interim order is functioning as Mukhiya of Gram Panchayat and he is operating the bank account of the Panchayat and is also withdrawing money. In Paragraph 9 of the Interlocutory Application it is specifically stated that he has withdrawn money to the extent of about Rupees Seventeen Lacs, but the deponent claims that he is aware about one specific date i.e., 12.04.2018 when the writ petitioner has withdrawn Rs.5,77,000/- from the account of the Panchayat lodged in the State of Bank of India, Ruphara Branch being Account No. 3636792632.

It appears that copy of the Interlocutory Application was served on learned counsel representing the petitioner as back as on 14.12.2018 but till date no counter affidavit to the same has been filed on behalf of the petitioner to controvert the statements made in the Interlocutory Application.

In the aforesaid view of the matter, this Court is of the Patna High Court CWJC No.3411 of 2018(5) dt.17-01-2019 3/4 considered opinion that in case the petitioner has presented himself as Mukhiya of the Gram Panchayat despite setting-aside of his election by the competent Court of the Tribunal and has withdrawn money from the account, he may have to face the consequences thereof. This Court had never stayed the judgment and order of the Tribunal and no part of the order dated 30.03.2018 could have been construed allowing the petitioner to function as the Mukhiya of the Gram Panchayat during pendency of the writ application. The petitioner would be called upon to explain this aspect of the matter in course of hearing and disposal of the main writ petition. So far as the interim order directing stay of the operation of the order dated 16.03.2016 passed by the Secretary, State Election Commission, Bihar is concerned, in the opinion of this Court, there is no need to continue with the said interim order as the only direction of the State Election Commission is to conduct re-polling of Booth No. 306 (Ward No.3). The Secretary, State Election Commission, Bihar may notify a fresh date of re-polling of the said Booth and go ahead with the re-polling, however, any action taken in this regard will be subject to the result of the writ application.

List this case on 07th February, 2019 under the Patna High Court CWJC No.3411 of 2018(5) dt.17-01-2019 4/4 heading 'For Admission' when it will be heard for final disposal.

(Rajeev Ranjan Prasad, J) R.R.OJha/-

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Patna High Court - Orders