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2023 Supreme(Pat) 922

HARISH KUMAR
Md. Tazuddin – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kalyan Shankar.
For the Respondents: M/s Ajay, GA-5, Prateek Kumar Sinha, AC to GA-5.
For the B.S.E.C. : Mr. Girish Pandey.
For the Resp No.5 : Mr. Shankar Kumar Thakur.
For the Resp No.6 : M/s S. N. Yadav, Saroj Kumar.

Harish Kumar, J. – Heard the parties.

2. This writ petition has been filed challenging the order dated 12.10.2022 passed by the Court of learned Sub- Judge-I, Civil Court, Benipatti, in Election Suit No. 02 of 2022, by which the learned court has allowed the Election Petition filed by Respondent No.5 herein and set aside the Election of the petitioner dated 12.12.2021 for the post of Member of Madhubani Zila Parishad Territorial Constituency No.12 and further directed the State Election Commission to conduct the Election afresh within six months from today. It has further been directed to assess the cost of fresh election and realize the same from the officials, who are responsible for the improper acceptance of nomination of opposite party no.4 (respondent no.6 herein) and to lodge an F.I.R. against the respondent no.6 for procuring forged caste certificate leading to his improper acceptance of nomination and also enquire the role of the then Circle Officer, Bisfi, Madhunbani and opposite party no.5 (petitioner herein) in the issuance of forged certificate.

3. The short facts as enumerated from the record is/are that in the year 2021 the State Election Commission has notified electi

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