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2026 DAILYLAW 29471 (PAT)

Saroj Devi v. The State of Bihar

CWJC/12076/2026 · 2026-08-13

A Abhishek Reddy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12076 of 2026 ====================================================== Saroj Devi, Wife of Chaturanand Sah, Resident of village- Bashudevpur, P.S.- Barharakothi, District- Purnea, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The State Election Commission, through Secretary State Election Commission, Bihar, Bir Chand Patel Path, Patna. 4. The Chief Election Commissioner of State Election Commission, Bihar, Patna. 5. The Secretary State Election Commission, Bihar Patna. 6. The District Magistrate, Purnea. 7. Jani Khatoon, Wife of Md. Guljar, Resident of village- Barharakothi, P.S. - Barharakothi, District- Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Respondent/s : Mr. Government Pleader (05) For the SEC : Mr. Ravi Ranjan, Advocate. Mr. Girish Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 2 13-08-2026 Heard the learned counsel for the parties. 2. The present writ petition has been filed for the following relief(s):- “(i) For issuance of writ in the nature of mandamus to direct the respondent authorities particularly the District Magistrate, Purniya who is prescribed officer under Bihar Panchayat Raj Act, 2006 to issue amended gazette notification as well as to arrange for take Patna High Court CWJC No.12076 of 2026(2) dt.13-08-2026 2/3 oath as member of Zila Parishad, Barharakothi, under district of Purnea in view of judgment dated 09.06.2026 delivered by the Civil Judge Senior Division. Dhamdaha in Election Petition No. 1/2021. (ii) For further direction upon the respondent District Election Officer- cum- District Magistrate, Purnea to arrange oath taking ceremony for the petitioner as member of Zila Parishad of Barharakothi forth with in view of judgment delivered by the Civil Court declaring the petitioner as elected candidate” 3. Without going into the merits or demerits of the case the present writ petition is disposed of at the stage of admission with the consent of both the Counsels. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has given a representation dated 25.06.2026 (Annexure-P/3) to the Chief Election Commissioner of State Election Commission, Bihar, Patna i.e. Respondent No. 4 herein who is the competent authority and it would suffice if a direction is given to the said authority to consider the said representation and pass necessary orders by fixing a time-frame. 5. Learned counsel appearing on behalf of the Respondent No. 4 submits that he has no objection if a direction is given to the Respondent No. 4 to dispose of the representation Patna High Court CWJC No.12076 of 2026(2) dt.13-08-2026 3/3 made by the petitioner strictly in accordance with law. 6. Having regard to the above made submissions, the present writ petition is disposed of directing the Chief Election Commissioner of State Election Commission, Bihar, Patna i.e. Respondent No. 4 herein to consider the representation dated dated 25.06.2026 (Annexure-P/3) and pass a reasoned order. 7. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of 4 weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the party. 8. With the above direction, the present writ petition stands disposed of. shakir/- (A. Abhishek Reddy, J) U