Patna High Court - Orders
Archana Kumari vs The State Of Bihar on 24 February, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2667 of 2020
Along with
Interlocutory Application No. 1 of 2020
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1. Archana Kumari, aged about 34 years, Female, Wife of Chandrabhanu
Kumar Resident of Village Pranpur, Police Station Belaganj District District-
Gaya.
2. Rahul Kumar, aged about 34 years, mel, Son of Late Kamlesh Sharma
Resident of Village Dighghi, Police Station Koch, District Gaya.
3. Sweety Kumari, aged about 31 years, Female, Wife of Pinkraj Chakrawarti
Resident of Village Pura, Police Station Tekari, District- Gaya.
4. Puja Bharti, aged about 32 years, female, Resident of Village Serbhuka,
Police Station Chakand, District Gaya.
5. Sikandar Choudhary, aged about 30 years, male, Son of Lakhan Choudhary
Resident of Village Alipur, Police Station Buniyadganj, District Gaya.
6. Kundan Kumar, aged about 42 years, male, Son of Suresh Prasad Resident
of Village Mandai, Police Station Khijarsarai, District Gaya.
7. Anju Devi, aged about 31 years, female, Wife of Birendra Prasad Gupta
Resident of Village Kujur, Police Station Antari, District Gaya.
8. Daulati Devi Wife of Indal Paswan Resident of Village Babhandi, Police
Station Imamganj, District Gaya.
9. Ajay Kumar Singh Son of Balgovind Singh Resident of Village
Panchmahala, Police Station Khijarsarai, District- Gaya.
10. Ajit Kumar Son of Devlal Prasad Resident of Village Devakchak (Bhojpur),
Police Station Bajirganj, District Gaya.
11. Rajesh Kumar, aged about 36 years, male, Son of Resident of Village
Khajwai, Police Station Bodh Gaya, District Gaya.
12. Chameli Devi Wife of Satyendra Nishad Resident of Village Murgi Bigaha,
Police Station- Tekari, District- Gaya.
13. Madhubala Devi Wife of Yogendra Kumar Resident of Village Pandaria,
Police Station Tekari, District Gaya.
14. Punam Devi Wife of Birendra Kumar Resident of Village Paharpur, Police
Station Fatehpur, District Gaya.
15. Kaliya Devi Wife of Surendra Manjhi Resident of Village Mathurapur,
Kewala, Police Station Mohanpur, District Gaya.
16. Rubi Kumari Wife of Rudal Das Resident of Village Lakhepur, Police
Station Mohanpur, District Gaya.
17. Bimla Devi Wife of Awadhesh Kumar Resident of Village Karisova, Police
Station Wajirganj, District Gaya.
18. Rizwan Khan Son of Md. Maksud Ahamad Khan Resident of Village
Chonaha, Police Station Dumaria, District- Gaya.
19. Lalti Devi Wife of Sudhir Yadav Resident of Village Kurkut Bigaha, Police
Station Tekari, District- Gaya.
Patna High Court CWJC No.2667 of 2020(3) dt.24-02-2020
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20. Mungia Devi Wife of Basudeo Ravidas Resident of Village Shekwara,
Police Station Magadh Vishwavidyalaya, Bodh Gaya, District Gaya.
21. Manju Devi, aged about 34 years, female, Wife of Raju Yadav Resident of
Village Kathotiya, Police Station Anti, District Gaya.
22. Kameshwar Singh Yadav, aged about 57 years, male, Resident of Village
Dovi, Police Station, Dovi, District Gaya.
23. Kamla Devi, aged about 48 years, female, Resident of Village Bushbushiya,
Police Station Sherghati, Dearness District Gaya.
24. Kanti Devi, aged about 48 years, female, Wife of Uday Singh Resident of
Village Pharpur, Police Station Pharpur, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Old Secretariat Building, Patna- 800015.
3. The State Election Commission, Bihar, Patna, through its Secretary.
4. The Commissioner, State Election Commission, Bihar, Patna.
5. The Joint Commissioner, State Election Commission, Bihar, Patna.
6. The District Election Officer (Panchayat) cum District Magistrate, Gaya.
7. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila
Parishad, Gaya.
8. Karuna Kumari Wife of Amit Kumar Resident of Village Shriram Bigha,
Post Office, Police Station and Block Gurua, District Gaya at present
Chairman, Zila Parishad, Gaya.
9. Laxmi Devi Wife of Mahendra Kumar Resident of Village Guraual, Post
Office Jagir Barachatti, Police Station Barachatti, District Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar with
Ms. Ritika Rani and
Mr. Vijay Kumar Vimal, Advocates
For the State : Mr. Saroj Kumar Sharma, AC to AAG 3
For the SEC : Mr. Amit Shrivastava with
Mr. Sanjeev Nikesh, Advocates
For the Zila Parishad, Gaya : Mr. Rajan Prasad, Advocate
For the Respondent No. 8 : Mr. S. B. K. Mangalam, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
Patna High Court CWJC No.2667 of 2020(3) dt.24-02-2020
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ORAL ORDER
3 24-02-2020Re.: Interlocutory Application No. 1 of 2020 Heard learned counsel for the petitioners; learned AC to AAG 3 for the State; learned counsel for the State Election Commission; learned counsel for the Zila Parishad, Gaya and learned counsel for the respondent no. 8.
2. Learned counsel for the petitioners is permitted to make necessary correction in the description of respondent no.
7. Let the same be done during the course of the day.
3. The present Interlocutory Application has been filed seeking deletion of petitioner no. 2 from the array of the petitioners.
4. Learned counsel for the petitioners submitted that due to inadvertence the petitioner no. 2 has been impleaded as the petitioner as well as respondent no. 9. It was submitted that since petitioner no. 2 has filed Interlocutory Application No 2 of 2020 in CWJC No. 1744 of 2018 for the relief sought for in the present writ application, which is still pending, she was not required to be made a petitioner in the present proceeding. Accordingly, it was submitted that her power may be ignored and she may be permitted to be deleted from the array of the petitioners in the present writ petition.
5. Learned counsel for the respondents do not oppose. Patna High Court CWJC No.2667 of 2020(3) dt.24-02-2020 4/4
6. In view thereof, the prayer is allowed. Let the petitioner no. 2 be deleted from the array of the petitioners in the present proceeding. Power executed by her also stands ignored.
7. However, to prevent confusion, let the serial number of the petitioners be re-assigned after deletion of the name of petitioner no. 2. Learned counsel for the petitioners shall make such correction also in the cause title of the writ application during the course of the day.
8. Interlocutory Application No. 1 of 2020 stands disposed off.
Re.: Civil Writ Jurisdiction Case No. 2667 of 2020
9. In view of affidavits having been filed by various parties and pleadings also exchanged today, as jointly prayed for, the matter be listed on 24th March, 2020.
(Ahsanuddin Amanullah, J) Anjani/-
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