IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6557 of 2011
BISUNDEO SAHNI & ANR .
Versus
THE STATE OF BIHAR & ORS .
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2/ 25/04/2011 Heard learned counsel for the petitioner, for the
State and for the State Election Commission.
The two petitioners contend that they filed their
nomination on 4.3.2011 and 5.3.2011 respectively before
the returning officer, Bisfi in the District of Madhubani for
contesting the Gram Panchayat elections. Reliance is placed
on the money receipt granted to them. The allegation is that
their nomination papers have deliberately been made
missing to frustrate them from contesting the panchayat
elections.
Learned counsel for the State Election
Commission submits that it is a question of fact which
requires an enquiry as to how the nomination papers, if
filed, have gone missing. Whether they were in fact filed
and/or whether they have been rejected after scrutiny etc.
The contention of the counsel for the Commission
is unexceptionable. This fact finding enquiry obviously
cannot be the subject-matter of the writ petition. But, the
Court is satisfied that the petitioner has made out a case
for a direction to the Commission to hold an enquiry into
the matter.
2
Needless to state that based on the report of the
enquiry the Commission shall take consequential necessary
action in civil/criminal law as the case may be against the
person concerned. Let such enquiry be completed within a
maximum period of one month from the date of
announcement of the panchayat election results.
In any such enquiry it goes without saying that
petitioner is necessarily required to be associated with and
oral hearing granted to him also.
In case the allegations of the petitioner are found
to be correct, the present order shall be without prejudice
to the rights of the petitioner to pursue such other
appropriate remedies as he may be advised against the
concerned.
The writ application stands disposed.
KC ( Navin Sinha, J.)