Bande Lal Yadav vs The State Of Bihar & Ors on 25 August, 2014
A preliminary objection was raised by Mr. Thakur
appearing for the election authority as to the maintainability of the
writ petition on grounds that since the election has been notified
vide notification bearing No.597 dated 12.8.2014 placed on record
in the counter affidavit filed on 19.8.2014 by the respondent Nos.3
and 4, the issue raised by the petitioners has been rendered
academic and this Court would not interfere with the election
process so initiated in exercise of discretionary jurisdiction under
Article 226 of the Constitution of India. Learned counsel in
support of his submissions has relied upon some orders passed by
the Division Bench of this Court in L.P.A. No. 1028 of 2009
(Lalan Kumar Vs. State of Bihar and Ors.) dismissed on 10.8.2009
and C.W.J.C.No.13965 of 2012 (Gopal Giri Vs. State of Bihar and
Ors.) dismissed on 2.8.2012. Referring to the two orders learned
counsel for the election authority submitted that the Division
Bench taking note of the fact that the election had been notified
did not chose to interfere with the election process.