Patna High Court
Chandan Kumar @ Chandan SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The appeal is dismissed as the Single Judge’s order was not perverse or illegal and the petitioner must seek remedy by filing an election petition.
Summary
Chandan Kumar filed a writ petition challenging the election held on 29‑11‑2024 for the chairmanship of Sonbhadra PACS, alleging that the declared winner, Pavan Kumar, was not a member or voter of the PACS and that the Block Development Officer had improperly accepted his nomination. The Single Judge dismissed the writ, directing the petitioner to file an election petition since the election process was already concluded. The appellant filed a Letters Patent Appeal against that order. The High Court examined whether the Single Judge’s order was perverse or illegal and whether the petitioner could be compelled to pursue an election petition instead of the writ. Finding no perversity or illegality, the Court upheld the Single Judge’s direction and dismissed the appeal. Consequently, the appeal stands dismissed and any pending interim applications are disposed of.
Issues considered
- Whether the writ petition challenging the election result can be entertained or must be pursued through an election petition under the applicable election law.
- Whether the Single Judge’s order dismissing the writ petition was perverse, illegal, or otherwise liable to be set aside.
Subjects
- election
- PACS
- writ petition
- election petition
- eligibility
- administrative law
- High Court
- Letters Patent Appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.213 of 2025
In
Civil Writ Jurisdiction Case No.1669 of 2025
======================================================
Chandan Kumar @ Chandan Sharma Son of Mahendra Sharma, Resident of
Village-Mogalapur, Police Station-Sonbhadra, District-Arwal.
... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Co-operative
Societies Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Co-operative Societies Department,
Government of Bihar, Patna.
3. The District Magistrate cum District Election Officer, Arwal.
4. The District Co-operative Officer, Arwal cum Deputy District Election
Officer, Arwal.
5. The Election Officer-cum-Block Development Officer, Sonbhadra Banshi
Suryapur, District-Arwal.
6. Sonbhadra PACS, Block-Sonbhadra Banshi Suryapur, District-Arwal
through its Manager.
7. The Bihar State Election Authority through the Chief Election Officer,
Harding Road, Patna, Bihar.
8. Pavan Kumar, son of Radheshyam Sharma @ Bhola Sharma, Resident of
Village-Sonbhadra, Police Station-Sonbhadra, District-Arwal, PIN Code-
804419.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr. Sanjay Kumar Ghosarvey AC to AAG-3
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-02-2026
The Letters Patent Appeal has been filed by the
appellant-Chandan Kumar @ Chandan Sharma challenging the
order dated 30.01.2025 passed by the learned Single Judge in
Patna High Court L.P.A No.213 of 2025 dt.23-02-2026
2/3
C.W.J.C No. 1669 of 2025.
2.The writ petition was filed with the following
relief(s):-
“That the petitioner prays for issuance of an
appropriate writ(s), order(s), direction(s) for setting
aside the election dated 29.11.2024 and declaration of
result dated 30.11.2024 which contained in memo no.
1495 by which the respondent no. 8 has been declared
winner as Chairman of the Sonbhadra PACS.
However, the respondent no. 8 is neither member nor
voter of the Sonbhadra PACS and in this regard there
is a reasoned order dated 21.11.2024 passed by the
respondent no. 5 but due to connivance with the
respondent no. 5 his nomination paper has been
accepted and he has contested the election.
The petitioner further prays for declare him
as a winning candidate of the Sonbhadra PACS on the
ground that he is the second man in the said election
next to the respondent no. 8.
The petitioner further prays to take
appropriate action against the Block Development
Officer - cum Election Officer, Taraiya namely Mr.
Prashant Kumar for not performing his duty and
malafidely favouring the respondent no. 8 in accepting
the nomination paper improperly.
The petitioner further prays that the present
case may be considered / entertained in exceptional
circumstances and alternative remedy may be
bypassed and in the light of Judgment dated
19.05.2010 passed in LPA No. 1557 of 2009 (N.S.
Madhavan Vs. Shyam Deo Prasad) reported in 2010
(3) PLJR 578.”
3. The learned Single Judge has been pleased to hold, in
the operative part of the order, that since the election process has
already been concluded with the declaration of the result, the
petitioner must seek the appropriate remedy by filing an election
petition, and accordingly disposed of the writ petition.
Patna High Court L.P.A No.213 of 2025 dt.23-02-2026
3/3
4.In view of the judgment of the learned Single Judge
we find no perversity or illegality in the impugned order and are
not inclined to interfere with the same.
5.Accordingly, the Letters Patent Appeal stands
dismissed.
6.Pending I.A., if any, stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2026
Transmission Date NA
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