Patna High Court
Nawal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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
- Bihar Municipal Act, 2007 — s. 18(1), 18(2), 53
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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