Patna High Court

Salim MiyanversusThe State Election Commission,

Decided: 10 February 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The Court directed the State Election Commissioner to pass the pending order within six weeks.

Summary

Salim Miyan filed a writ petition seeking a direction to the State Election Commission, Bihar, to dispose of pending Case No. 27 of 2024 filed on 9 May 2024. The Commission and other respondents contended that the hearing in that case had concluded and the order was pending reservation. The Court noted that the nature of the prayer was merely for a time‑bound direction and that the hearing was already over. Accordingly, the Court directed the State Election Commissioner to pass the order within six weeks from the date of the order. The writ petition was therefore disposed with the said direction.

Issues considered

Whether the High Court can direct the State Election Commission to pass a pending order within a specified time period

Subjects

writ jurisdiction
State Election Commission
direction to administrative authority
time bound order
public election law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2190 of 2025
                 ======================================================
                 Salim Miyan Son of Sri Shakur Miyan, Resident of village Darigaon, P. S.
                 Darigaon, Dist. Rohtas, presently serving as Panchayat Samiti Sadasya,
                 Darigaon, Block- Sasaram, Rohtas.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State Election Commission, Bihar, Patna through its Commissioner.
           2.    Chief Secretary, State of Bihar, Patna.
           3.    State Election Commissioner, through its Secretary, Bihar, Patna.
           4.    District Magistrate, Rohtas at Sasaram.
           5.    District Panchayati Raj Officer, Rohtas at Sasaram.
           6.    Block Development Officer, Sasaram, Rohtas.
           7.     Rupa Kumari Member Panchayat Samiti, W/o Shani Dev al Singh, Resident
                  of Village Nahuana, P.S. Sasaram, District Rohtas.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwari, Advocate
                 For the Respondent/s     :       Mr. Government Pleader (14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   10-02-2026                 Heard learned counsel for the parties concerned.

                               2. The present writ application has been filed for a

                   direction to the Election Commissioner to dispose of the Case

                   No. 27 of 2024 filed on 09.05.2024 by the petitioner.

                               3.       Learned    counsel     for    the    State   Election

                   Commissioner as well as private respondents jointly submit that

                   hearing in Case No. 27 of 2024 has concluded and the order has

                   been reserved. The commissioner is likely to deliver the order

                   within a short period of time.

                               4. Considering the nature of prayer made in the writ

                   application and the fact that hearing has concluded, the present
           Patna High Court CWJC No.2190 of 2025(5) dt.10-02-2026
                                                       2/2




                     writ application is disposed with direction to the Election

                     Commissioner to pass the order within a maximum period of six

                     weeks from today.

                                 5. Accordingly, the present writ application stands

                     disposed of with aforesaid direction.



                                              (Anil Kumar Sinha, J)
Siwani/-

U

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