IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16036 of 2009
1. MANOJ MAHATO S/O SRI MAHENDRA PRASAD VILL- PANCH
MOHALLA, GRAM PANCHAYAT- LODIPUR, P.S. KHIZARSARAI,
DISTT. GAYA
Versus
1. THE STATE OF BIHAR
2. CHIEF ELECTION OFFICER BIHAR STATE ELECTION
AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA
3. DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER
(PACS) DISTT. GAYA
4. DISTRICT CO-OPERATIVE OFFICER CUM DEPUTY ELECTION
OFFICER GAYA (PACS)
5. BLOCK DEVELOPMENT OFFICER CUM ELECTION OFFICER
KHIZARSARAI BLOCK, DISTT. GAYA
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For the Petitioner:- Mr. Rabindra Priyadarshi, Adv.
For the Election Authority:- Mr. M. K. Thakur, Adv.
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3. 07.02.2011 Heard learned counsel for the petitioner and
for the State Election Authority.
The petitioner filed his nomination for the
PACS election to be held in 2009 in the Khizarsarai
Block, District-Gaya. He was directed to furnish a
no dues certificate which came to be issued by the
Magadh Central Co-operative Bank. Subsequently,
on a complaint made by another, the bank issued a
certificate to the contrary leading to the cancellation
of his nomination.
Counsel for the parties are agreed that the
issue stands covered by a Bench decision of this
Court affirmed in L.P.A. as reported in 2010 (3) PLJR
578.
With consent of the parties, the writ
2
application is disposed off in similar terms.
The elections are stated not to have been
held as yet. Let the nomination of the petitioner be
considered in accordance with law when it is
expected that the election shall be held
expeditiously.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)