IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6327 of 2011
GUDDI KUMARI @ POONAM DEVI .
Versus
THE STATE OF BIHAR & ORS .
-----------
2/ 11/04/2011 Heard learned counsel for the petitioner and
learned counsel for the State as also for the State
Election Commission.
The controversy whether the resignation of the
petitioner was accepted on 15.3.2011 by the District
Superintendent of Education-cum-District Programme
Coordinator, Banka or whether on 24.3.2011 as
modified by him subsequently by order dated 28.3.2011
already appears to have engaged the attention of the
Election Authorities as apparent from their letter dated
2.4.2011 directing that subject to the result of the
enquiry appropriate action be taken in the matter if the
District Superintendent of Education is found to have
acted in conspiracy, resulting in rejection of the
nomination of the petitioner.
This Court directs the District Magistrate,
Banka-cum-District Electoral Officer to ensure that this
direction of the State Election Commission is complied
with within a maximum period of one month from the
date that the election results are declared in Banka and
an appropriate report is sent to the State Election
2
Commission along with a copy to the petitioner.
The Court finds it difficult at this stage to
interfere with the order rejecting the nomination on the
aforesaid ground in writ jurisdiction. This shall be
without prejudice to other rights and remedies of the
petitioner in law.
The writ application is disposed.
KC ( Navin Sinha, J.)