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Patna High Court

Nawal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to order disqualification and instead directed the State Election Commission to decide the complaint within four months.

Summary

The petitioner, Nawal Kumar, filed a writ petition seeking the disqualification of Sadhna Kumari, Chairman of Arwal Nagar Parishad, under sections 18(1) and 18(2) of the Bihar Municipal Act, 2007, alleging non‑payment of holding tax, failure to convene required meetings, and an illegal contract award to her sister‑in‑law in violation of section 53. He also requested, alternatively, that the State Election Commission (SEC) dispose of his complaint (Case No. 2 of 2026) within a reasonable time and that the husband of the respondent be restrained from entering the parishad premises. The court examined the petition and the accompanying complaint filed on 8 January 2026, noting that the matter remained pending before the SEC. The bench declined to issue a mandamus for immediate disqualification, finding that the appropriate forum to decide the allegations was the SEC. Instead, the court directed the SEC to decide the complaint within four months of receipt of the order. The writ petition was consequently disposed of.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing the disqualification of the Chairman under the Bihar Municipal Act, 2007.
  • Whether the State Election Commission must dispose of the pending complaint within a stipulated period.
  • Whether an injunction restraining the respondent’s husband from entering the parishad premises is warranted.

Legislation cited

Subjects

  • disqualification
  • municipal law
  • holding tax
  • mandamus
  • State Election Commission
  • contract award
  • conflict of interest
  • injunction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5381 of 2026
                 ======================================================
                 Nawal Kumar Son of Mithlesh Singh, Resident of village- Khankulipur, P.S.-
                 Arwal, District-Arwal.

                                                                               ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Additional Chief Secretary, Urban
                 Development and Housing Department, Government of Bihar, Patna.
           2.    The State Election Commission, Sone Bhawan Veerchand Patel Marg, Patna.
           3.    The Commissioner, State Election Commission, Sone Bhawan Veerchand
                 Patel Marg, Patna.
           4.    The Secretary, State Election Commission, Sone Bhawan, Veerchand Patel
                 Marg, Patna.
           5.    The District Magistrate, Arwal.
           6.    The Additional Collector (Departmental Enquiry), Arwal.
           7.    The Deputy Electoral Officer, Arwal.
           8.    The Sub-Divisional Officer, Arwal.
           9.    The Executive Officer, Arwal Nagar Parishad, Arwal.
           10. Sadhna Kumari, Wife of Ramakant Kumar, Resident of village- Chotki
               Ahiyapur, P.S.- Arwal, District- Arwal. At present Chairman, Arwal Nagar
               Parishad, Arwal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shyam Kishore, Advocate
                 For the State          :      Mr. AC to GP- 3
                 For the SEC            :      Mr. Ravi Ranjan, Advocate
                                               Mr. Girish Pandey, Advocate
                 For the Nagar Parishad :      Mr. Ranjeet Choubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                               ORAL ORDER


2   30-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State Election Commission.
Patna High Court CWJC No.5381 of 2026(2) dt.30-04-2026
                                            2/4




                      2. The petitioner has filed the instant application for

          the following reliefs:

                                                         “1. A. A writ in the nature of
                                          MANDAMUS or other appropriate
                                          writ/s,             order/s,         direction/s
                                          commanding the Respondents for the
                                          following:-
                                                         i.     To       disqualify   the
                                          Respondent No. 10 namely Sadhna
                                          Kumari under section 18(1) & (2) of
                                          the Bihar Municipal Act, 2007 (as
                                          amended) (hereinafter referred as
                                          "Act, 2007"] from the post of Chief
                                          Councillor/Chairman, Arwal Nagar
                                          Parishad, Arwal on account of that
                                          she did not deposit/submit the Holding
                                          Tax of the properties situated at House
                                          No. 2 (residence of the O.P.), near
                                          DSP residence, Arwal Lakh, Bigh
                                          canal road (Mukhya Badi Nahar
                                          Sadak) and House No. 3 near H.P.
                                          Gas godown, Arwal Nagar Parishad,
                                          Arwal, not convening the Board
                                          meetings            and    meeting     of   the
                                          Empowered Standing Committee on
                                          time as well as she awarded contract
                                          to her sister in law namely Mikki
                                          Kumari contrary to Section 53 of the
                                          Act, 2007.
Patna High Court CWJC No.5381 of 2026(2) dt.30-04-2026
                                            3/4




                                                         ii. In alternative, to direct
                                          the Respondent No. 3, Commissioner,
                                          State Election Commission to dispose
                                          of Case No. 02 of 2026 (Nawal Kumar
                                          Vs.      Sadhna      Kumari)         within       a
                                          stipulated reasonable time.
                                                         iii. To direct the Respondent
                                          Authorities to restrain the Respondent
                                          No. 10's husband namely Ramakant
                                          Kumar from entering into the office of
                                          Arwal       Nagar         Parishad        or     the
                                          premises of same till the disposal of
                                          Case No. 02 of 2026 (Nawal Kumar
                                          Vs.      Sadhna       Kumari)         as         the
                                          Respondent No. 10 in collusion with
                                          her husband namely Ramkant Kumar
                                          tampering the evidence during the
                                          pendency of this case.
                                                         B. To any other relief/s
                                          which the Petitioner is found entitled
                                          to.”

                      3. It is submitted by learned counsel for the petitioner

          that as per the provisions contained in the Bihar Municipal Act,

          2007, the petitioner has filed an application/complaint before

          the State Election Commission praying therein for disqualifying

          respondent       no.10      from        holding     the     post     of        Chief

          Counsellor/Chairman of Arwal Nagar Parishad. A copy of the
           Patna High Court CWJC No.5381 of 2026(2) dt.30-04-2026
                                                       4/4




                     complaint has been brought on record as Annexure-P/6 to the

                     writ application. The said complaint filed on 8.1.2026 was

                     registered as Case no.2 of 2026. Learned counsel for the

                     petitioner submits that the same remains pending before the

                     respondent Commission.

                                 4. Having heard learned counsel for the parties and

                     having perused the contents of the petition, the writ application

                     is disposed off with a direction to the respondent State Election

                     Commission to decide the complaint filed by the petitioner in

                     accordance with law within a period of four months from the

                     date of receipt/production of a copy of this order.

                                 5. The writ application stands disposed off.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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