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2025 DAILYLAW 66755 (PAT)

Pushpa Devi v. Samri Devi

CWJC/15068/2022 · 2025-02-25

Rajiv Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15068 of 2022 ====================================================== Pushpa Devi W/o Sri Diwakar Das, Resident of- Village- Dumariya Tand P.S.- Khaira, District- Jamui. ... ... Petitioner/s Versus 1. Samri Devi Wife of Late Ganesh Tati, Resident of Village- Lalpur, P.S.- Khaira, District- Jamui. 2. The Secretary, State Election Commission, Bihar, Patna. 3. District Magistrate cum Election Officer (Panchayat), Jamui. 4. Block Development Officer, Khaira. 5. Smt. Komal, Wife of Vinod Kumar, Resident of Village- Sakhikura, P.S.- Khaira, District- Jamui. 6. Pramila Devi, Wife of Basuki Tati, Resident of Village- Lalpur, P.S.- Khaira, District- Jamui. 7. Pratima Devi, Wife of Sitaram Tati, Resident of Village- Kairakado, P.S.- Khaira, District- Jamui. 8. Runi Kumari, Wife of Chandan Kumar, Resident of Village- Khadaiach, P.S.- Khaira, District- Jamui. 9. Rekha Devi, Wife of Shyamsundar Manjhi, Resident of Village- Dumri Chatod, P.S.- Khaira, District- Jamui. 10. Supriya Suman, Wife of Sanjay Kumar Suman, Resident of Village- Khadaich, P.S.- Khaira, District- Jamui. 11. Soni Kumari, Wife of Jitendra Kumar, Resident of Village- Khadaich, P.S.- Khaira, District- Jamui. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhav Raj, Adv. For the Respondent/s : Mr.Ajay (Ga5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 25-02-2025 Heard the parties. 2. The petition has been filed for the following reliefs:- “ I. The order dated 03.08.2022 quashed by Munsif, Election Civil court, Patna High Court CWJC No.15068 of 2022(3) dt.25-02-2025 2/3 Petition no.7 discharging Election Jamui of in 2021 Petitioner Witness, the P.W.2 whose Examination in-Chief has been conducted on 26.07.2022 and examined on behalf of the Election Petitioner without the Respondent no.1 had been adjourned on payment of cost Rs.300 to 03.08.2022 for cross examination without on a flimsy ground without affording the Respondent no.1 for cross examining him and allowed recording witness. of evidence other. B. A writ in the nature of AND OF other appropriate writ order/a direction/e directing the Respondents authorities tot the following:- I. To hold the, Annexure-3 to the petition to be arbitrary, without jurisdicti00 and prejudicial to the interest of the Respondent no.1. II. To direct the Respondent No.2 50 produce Komal, P.W.2 for her cross- examination. C. To any other relief/s to petitioner is Patna High Court CWJC No.15068 of 2022(3) dt.25-02-2025 3/3 found entitled to” . 3. In this case on 10.09.2024, three weeks peremptory time was granted to the petitioner to remove the defect(s). 4. As it was a peremptory order and was not complied with, it stands dismissed on 01.10.2024. 5. Perused the file, consigned. perwez (Rajiv Roy, J) U