Chandan Kumar @ Chandan Sharma S/o Mahendra Sharma vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 313

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJESH KUMAR VERMA
Chandan Kumar @ Chandan Sharma S/o Mahendra Sharma – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Sarvadeo Singh, Sanjay Kumar
For the Respondents: Divya Verma, Mukesh Kumar

JUDGMENT :

RAJESH KUMAR VERMA, J.

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The present writ petition has been filed for setting aside the election dated 29.11.2024 and declaration of the result dated 30.11.2024 by which the respondent no. 8 has been declared as winner and Chairman of the Sonbhadra PACS on the ground that the respondent no. 8 is neither the member nor the voter of the Sonbhadra PACS. The respondent no. 5 has passed the order dated 21.11.2024 and has accepted the nomination paper of respondent no. 8.

3. Learned counsel for the petitioner submits that the petitioner has also prayed to take appropriate action against the Block Development Officer cum Election Officer, Taraiya for not performing his duty as malafidely favouring the respondent no. 8 in accepting the nomination paper improperly.

4. Learned counsel for the state as well as election authority have raised a preliminary objection with regard to the maintainability of the present writ petition in view of the result of the election in question having already been declared long back on 30.11.2024 which is apparent from paragraph no. 11 of the writ peti