IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20625 of 2021

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Nitu Devi Wife of Dharmendra Kumar, Resident of Village - Kataha, P.S. -

Mufassil, District - East Champaran, Motihari.

... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Election Commission, Patna,

Bihar.

2.

The Secretary, Election Commission, Patna, Bihar.

3.

The District Election Officer (Panchayat) - Cum - District Magistrate, East

Champaran, Motihari.

4.

The Returning Officer (Panchayat) - Cum - Block Development Officer,

Motihari.

5.

The Block Statistical Officer - Cum - Assistant Returning Officer, Motihari.

6.

The Block Panchayati Raj Officer - Cum - Assistant Returning Officer,

Motihari.

7.

Rima Devi, Wife of Ranjan Kumar, Resident of Village - Kataha, P.S. -

Mufassil, District - East Champaran, Motihari.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr. Akhilesh Dutta Verma

For the Respondent State:

Mr. Mritunjay Kumar, AC to AAG-6

For the Respondent SEC :

Mr. Girish Pandey

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

3

19-01-2022

This application has been taken up for online hearing

through video conference because of COVID-19 pandemic

restrictions.

Followings are the reliefs, which the petitioner has

sought in the present writ application:

“This application is for issuance of writ in

the nature of mandamus to grant certificate to the

Patna High Court CWJC No.20625 of 2021(3) dt.19-01-2022

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petitioner as an elected candidate for the post of

Sarpanch of Kataha Panchayat, East Champaran,

Motihari and in the nature of certiorari to cancel

the certificate issued to the respondent no.6

namely, Rima Devi which is issued to Rima Devi

illegally, arbitariuly and unconstitutionally by

Returning

Officer

(Panchayat)-cum-Block

Development Officer, Sadar, Motihari and further

to stay the oath ceremony of the respondent no. 6

held on 16.12.2021 and further for any other

relief/reliefs for which the petitioner may found

entitled.”

Learned counsel for the petitioner, after some

arguments, seeks permission to withdraw this application with a

liberty to prefer an election petition, questioning the election of

returned candidate, who has been impleaded as respondent no.

7.

This writ application stands dismissed as withdrawn

with the liberty as aforesaid.

Pawan/-

(Chakradhari Sharan Singh, J)

( Madhuresh Prasad, J)

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