Patna High Court
Laddu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court dismissed the writ, holding that the dispute must be resolved before the Election Tribunal as provided by the Bihar Municipal Act, 2007.
Summary
Laddu Sahani filed a writ petition seeking to quash the State Election Commissioner’s order dated 15‑07‑2025 that rejected his complaint to disqualify Dilip Kumar, the Chief Councilor of Kanti Nagar Parishad, on grounds of alleged non‑disclosure of criminal cases and immovable assets in the nomination. The petitioner alleged improper acceptance of the nomination and claimed the State Election Commission failed to act on his grievance. The Commission, however, directed the petitioner to approach the Election Tribunal under the Bihar Municipal Act, 2007 for any election‑related dispute. The High Court observed that the matter is a pure election dispute for which a specific statutory remedy exists, and the petitioner’s filing of a writ petition was therefore without merit. Consequently, the Court dismissed the writ application.
Issues considered
- Whether a High Court can entertain a writ petition challenging the State Election Commissioner’s order in an election‑related dispute.
- Whether the remedy for alleged improper acceptance of a nomination lies exclusively before the Election Tribunal under the Bihar Municipal Act, 2007.
- Whether the petitioner’s grievance regarding non‑disclosure of criminal cases and assets can be addressed through a writ of certiorari.
Legislation cited
Subjects
- election dispute
- nomination acceptance
- disqualification
- writ jurisdiction
- State Election Commission
- Bihar Municipal Act, 2007
- Election Tribunal
- criminal cases disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20919 of 2025
======================================================
Laddu Sahani Son of Ramjee Prasad Sahani, resident of Village-Soti Bheriahi,
Bakhri, P.S. Kanti, District-Muzafarpur, presently residing at Bhawanpur,
Ward No. 22, P.S. Kanti, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Urban Development and Housing Department, Government
of Bihar, Patna.
3. The State Election Commission (Municipality), Sone Bhawan, Birchand
Patel Path, Patna through the Secretary.
4. The State Election Commissioner, The State Election Commission
(Municipality), Sone Bhawan, Birchand Patel Path, Patna.
5. The Secretary, The State Election Commission (Municipality), Sone
Bhawan, Birchand Patel Path, Patna.
6. The District Election Officer (Municipality), Muzaffarpur, District-
Muzaffarpur.
7. Dilip Kumar @ Dilip Kumar Sah, Son of Lakhindra Sah, Resident of
village-Narsanda, P.S.-Kanti, District Muzaffarpur, presently Chief
Councilor of Nagar Parishad, Kanti, P.O. and P.S.-Kanti, District-
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
For the Respondent/s : Mr. Addl. Advocate General (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application for
quashing the order, dated 15.07.2025, passed in Case No.
Vidhi-60-77/2023 by the respondent no. 4 i.e. the State
Election Commissioner, whereby the complaint of the
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petitioner to disqualify the respondent no. 7 to hold the
post of Chief Councilor of Kanti Nagar Parishad has been
rejected.
3. Learned counsel for the petitioner submits that the
respondent no. 7 had filed his nomination, along with
affidavit in izi= & [k to contest Municipal Election, 2023,
for the post of Chief Councilor of Kanti Nagar Parishad
under the District of Muzaffarpur.
4. While filing application regarding pendency of criminal
cases, the respondent no. 7 had disclosed only 03 cases
instead of 05 cases and the immovable assets were also
not disclosed properly by the respondent no. 7.
5. The petitioner filed a complaint before State Election
Commission in this regard and when no action was taken
by the State Election Commission, the petitioner filed a
writ petition, bearing CWJC No. 10474 of 2023, before
this Court, which was disposed by a Co-ordinate Bench of
this Court vide order, dated 19.01.2024, on the request of
the petitioner, to file a detailed representation before the
State Election Commission with direction to take all
corrective measures to redress the grievance of the
petitioner as prayed for in the writ petition within a period
Patna High Court CWJC No.20919 of 2025(2) dt.09-01-2026
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of three months.
6. The State Election Commission in response thereof
disposed the application of the petitioner by the impugned
order, dated 15.07.2025, with a direction that if the
petitioner is aggrieved by improper acceptance of
nomination, he may take recourse to the remedy before
the Election Tribunal as per the Bihar Municipal Act,
2007.
7. Learned counsel for the State Election Commission
submitted that the claim of the petitioner in the writ
application is improper acceptance of nomination which
gives rise to election dispute which can be agitated before
the Election Tribunal i.e. Sub-Judge of the concerned
jurisdiction. By the impugned order, the Election
Commissioner has rightly directed the petitioner to seek
remedy before the Election Tribunal.
8. Considering the nature of dispute in the writ application
and the fact that there is remedy of filing election petition
before the Election Tribunal/Sub-Judge and the petitioner,
instead of filing the election petition, has filed the present
writ application, which is devoid of any merit.
9. In view of the aforesaid observation, this writ application
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is, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
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