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Sanjay Singh Som vs The State Of Bihar And Ors. on 25 July, 2002

He also relied upon the judgment of this Court in the case of Sanjay Singh Som vs. The State of Bihar & Ors. reported as 2002(3) PLJR 589, which is a decision by the learned single Bench, and, according to learned counsel, has been affirmed by the Division Bench. He submitted that the Courts have held that once a person takes a chance and contests the election, even though a dispute may be sub judice before the Court, having lost, cannot be allowed to challenge his/her very removal from the post, which led to holding of the subsequent election.
Patna High Court Cites 4 - Cited by 7 - A Alam - Full Document

Meena Yadav @ Radheshyam Yadav & Anr. vs The State Of Bihar on 26 February, 2016

10. In the present case, from the counter affidavit filed by the Executive Officer, Nagar Panchayat, Dhaka, East Champaran, there is a categorical statement that "the notice of no confidence motion could not be officially served upon the writ petitioner as she was evading the service of notice but she was aware of the requisition and was watchful of every activity and progress of no confidence motion". This admission of there being no official service of notice, coupled with the fact that nothing has been brought to show that the petitioner was aware of the notice and more importantly, the Patna High Court CWJC No.18258 of 2016 dt.01-12-2016 9/12 reasons/allegations on the basis of which the No Confidence Motion was to be brought, clearly is infraction of Rule 2(iv) of the Rules. The consequence of a No Confidence Motion is extreme, which may result in unseating of an elected person and this being the position, the statutory requirement of service of notice as well as the same to disclose the reasons/allegations cannot be over emphasised. The same is mandatory and there cannot be any dilution of such proposition. The same has also been held by a division bench of this Court in the case of Meena Yadav vs. The State of Bihar & Ors. reported as 2010(2) PLJR 388, where at paragraph no. 13, it has been held as under:
Patna High Court - Orders Cites 12 - Cited by 4 - S P Singh - Full Document
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