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2021 Supreme(Pat) 445

MOHIT KUMAR SHAH
Raushani Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Sidhendra Narayan Singh, Advocate, for the Appellant; Ms. Archana Meenakshee -GP-6, Mr. Prashant Pratap -GP-2, Mr. Gyan Shanker (AC to GP 2), for the Respondent; Mr. Amit Srivastava, Sr. Advocate, Mr. Girish Pandey, Advocate,Mr. Sanjiv Nikesh, Advocate, For State Election Comm.

JUDGMENT

1. Since both the aforesaid writ petitions involve common question of law as also arise out of a judgment dated 22.09.2017, passed in Election Case No. 8 of 2016, by the learned Sub-Judge 1st, Nawada, the same had been made analogous almost at the very inception, hence, have been heard finally yesterday and today and a common judgment is being dictated.

2. Both the writ petitions have been filed for quashing the judgment dated 22.09.2017 passed in Election Case No. 8 of 2016, by the learned Sub-Judge 1st, Nawada whereby and whereunder the election of the petitioner of the first case to the post of Member of Panchayat Samiti of Gram Panchayat Raj, Paura, District-Nawada, has been declared void. Thus, the petitioner of the first case has prayed for allowing her writ petition, setting aside the aforesaid judgment dated 22.09.2017 and restoring her as the member of the Panchayat Samiti in question since she is the winning candidate. On the contrary, the petitioner of the second case has prayed for declaring her as the elected candidate, as a consequence of the election of the petitioner of the first case having been declared void by the aforesaid judgment dated 22.09.2017, passe

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