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Patna High Court

Rajaram Prasad SinghversusThe Chancellor of Bihar

Decided
Disposal
DISMISSED

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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