MOHIT KUMAR SHAH
KANCHAN DEVI – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT :
Mohit Kumar Shah, J.
1. The present writ petition has been primarily filed seeking cancellation of membership of the private respondent No. 10 as a ward member and to declare the petitioner as the winning candidate. The petitioner has also prayed to direct the respondents to conduct enquiry regarding illegalities committed by the respondent no. 10 as also for directing the respondents to lodge FIR against the respondents No. 7 and 10.
2. The learned counsel for the respondents State has raised a preliminary objection with regard to the maintainability of the present writ petition in view of the result of the elections having already been declared long back on 29.5.2016, which is apparent from paragraph no. 4 of the writ petition and the petitioner having filed the present writ petition belatedly in the year 2021, when the tenure of the ward members are coming to an end.
3. I have heard the learned counsel for the parties and gone through the materials on record.
4. This Court finds that there being Bar under Articles 243-O(b) and 243-ZG (b) of the Constitution of India to interference by Courts in electoral matters and the appropriate remedy being taking recourse to filing of
Anurag Narain Singh vs. State of U.P. 1996 (6) SCC 303
Bibha Devi & Anr. vs. State Election Commission (Panchayat) & Ors. 2017 (1) PLJR 225
C. Subrahmanyam vs. K. Ramanjaneyullu
Election Commission of India vs. Ashok Kumar
Mohinder Singh Gill vs. Chief Election Commissioner
N.P. Ponnuswami vs. Returning Officer, Namakkal Constituency
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