Patna High Court
Birendra BaithaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is dismissed as withdrawn.
Summary
The petitioner, Birendra Baitha, filed a writ application seeking a certiorari to quash an order dated 11‑12‑2025 in Case No. 24 of 2025 and a prohibition against the State Election Commissioner from hearing that case, alleging that the matter could not be decided in summary proceedings. The petitioner later sought permission to withdraw the application. The Court, after hearing the counsel, allowed the withdrawal and dismissed the application as withdrawn. No substantive merits of the writ were considered. The dismissal effectively left the original order untouched.
Issues considered
- Whether the petitioner may withdraw the writ application pending before the High Court
Subjects
- writ petition
- certiorari
- prohibition
- withdrawal of application
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.426 of 2026
======================================================
Birendra Baitha Son of Late Munnilal Baith @ Munilal Rajak Resident of
Mohalla- Shantinagar, P.S.- Paliganj. District- Patna. At present Chief
Councillor, Nagar Panchayat Paliganj, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. The State Election Commission, Bihar, Sone Bhawan Veerchand Patel Marg,
Patna.
3. The Commissioner, State Election Commissioner, Bihar, Sone Bhawan
Veerchand Patel Marg, Patna.
4. The Secretary, State Election Commission, Bihar, Sone Bhawan, Veerchand
Patel Marg, Patna.
5. The District Magistrate, Patna.
6. The Sub-Divisional Officer, Paliganj, Patna.
7. Rajani Kumari Wife of Mukesh Kumar, Resident of Mohalla- Bans Kothi,
Christan Colony, Digha, P.O. and P.S.- Digha, District- Patna. At present
residing at Mohalla- Nirakhpur, Purani Saraiya, P.S.- Paliganj, District-
Patna and Deputy Chief Councillor, Nagar Panchayat Paliganj, Paliganj,
Patna.
8. The Executive Officer, Nagar Panchayat Paliganj, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Shyam Kishore, Advocate
Mr. Shreyanshu Kumar, Advocate
For the State : Standing Counsel-25
For the Resp. No.7 : Mr. Awnish Kumar, Advocate
Mr. Rishi Raj, Advocate
For the Resp. No.8 : Mr. Sunil Kumar, Advocate
For the State Election Comm. : Mr. Ravi Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 17-04-2026 The petitioner has filed the instant application for the
following reliefs :-
“A. A writ in the nature of
CERTIORARI or any other appropriate writ/s,
order/s, direction for quashing /setting aside the
order 11.12.2025 passed in Case No. 24 of 2025
Patna High Court CWJC No.426 of 2026(5) dt.17-04-2026
2/2
(Rajani Kumar Vs. Birendra Baitha) whereby
and where under the Commissioner, State
Election Commission, Bihar was pleased to
reject the preliminary objection of the Petitioner
and 16.01.2025 has been fixed for further
hearing of the case.
B. A writ in the nature of
PROHIBITION or any other appropriate writ/s,
order/s, direction/s commanding the
Respondents for the following:
i. To restrain the Respondent No. 3
from the hearing the aforesaid bearing Case No.
24 of 2025 as the allegation levelled by the
private Respondent cannot be decided in
summary proceeding and the Respondent No. 3.
C. To any other relief/s which the
Petitioner is found entitled to.”
2. Mr. Shyam Kishore, learned counsel for the
petitioner seeks permission to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
avinash/-
U
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