Patna High Court
Rajaram Prasad SinghversusThe Chancellor of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
The writ petition is not maintainable and is dismissed.
Summary
Petitioner Rajaram Prasad Singh was initially declared elected as the general‑category teachers' representative to the Senate of Munger University and received a certificate. Following a complaint by respondent No. 4, the Chancellor ordered a recount on 21‑Nov‑2025, after which respondent No. 4 was declared elected by a margin of one vote. The petitioner alleged that the recount was improperly conducted and that his original vote was wrongly counted against him. The University contended that the matter was an internal affair and that the High Court lacked jurisdiction to intervene. The Patna High Court, after considering the submissions, held that the writ petition was not maintainable and dismissed it, indicating that the petitioner could pursue other legal remedies.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition challenging the recount of a university Senate election.
- Whether the recount of votes in the Senate election was conducted in accordance with law and procedural fairness.
Subjects
- university election
- senate
- recount
- writ petition
- jurisdiction
- internal affairs
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20096 of 2025
======================================================
Rajaram Prasad Singh son of Late Ram Raksha Singh @ Shiv Raksha Singh,
resident of Village Tarhari, P.S. Halsi, District Lakhisarai. ... ... Petitioner/s
Versus
1. The Chancellor of Bihar Raj Bhawan Patna.
2. The Vice Chancellor Munger University, Munger.
3. The Registrar Cum Returning Officer Munger University Munger.
4. Sri Ramadhar Sharma, Gandhid Vichar Vibhag, Sanjay Gandhi Smarak
Mahila Mahavidyalaya Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Vinay Pd. Singh, Adv.
For the Respondent/s : Mr. Rajendra Kumar Giri, Adv.
For the Munger Univ. : Mr. Md. Nadim Seraj, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 31-01-2026 Heard the parties.
2. The prayer of the petitioner is limited to the extent
he is seeking a direction upon the respondents, especially
respondent no. 3 to recount the ballot polled in the election of
Senate for general category teachers representative of affiliated
College under Munger University, Munger conducted on
14.08.2025 and the petitioner was declared elected and
certificate was also issued in his favour. But subsequently, in
pursuant to a complaint filed by respondent no. 4 before the
Chancellor vide Notification No. 240 dated 19.11.2025,
recounting was ordered. In pursuant, thereto, the recounting was
done on 21.11.2025 and the respondent no. 4 has been declared
elected by margin of one vote.
3. Learned Advocate for the petitioner submitted that
recounting of the votes have not been done in a proper manner
Patna High Court CWJC No.20096 of 2025(2) dt.31-01-2026
2/2
and the vote, which was initially cast in favour of the petitioner,
on objection has been counted in favour of the respondent no. 4
and thereby, the petitioner has been caused to suffer a lose
without his fault, irrespective of the fact that he was initially
declared elected.
4. Learned Advocate for the University made a
preliminary objection with regard to maintainability of the writ
petition. It is submitted that the jurisdiction of this Court can be
invoked mainly with respect to election of Senate of the
University, as the same is an internal affairs of the Senate.
Moreover, recounting was done on a complaint made by one of
the contested party, in pursuant to the order of the Chancellor of
the University, and accordingly, the respondent no. 4 has been
elected.
5. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of the dispute, which primarily pertaining to election
of the Senate of the University, this Court is not inclined to
entertain the present writ petition. Accordingly, the same stands
dismissed. However, the petitioner is at liberty to take other
recourse, available under the law.
(Harish Kumar, J)
shivank/-
U
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