LAWS(PAT)-2013-10-70

LALAN PRASAD Vs. THE STATE OF BIHAR

Decided On October 30, 2013
LALAN PRASAD Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP-2 for the State. The present application under Article 227 of the Constitution of India seeks quashing of order dated 9.7.2012 by which the petition filed by the petitioner for recall of the order dated 19.11.2011, by which the petitioner was debarred from filing written statement, has been rejected.

(2.) The respondent No. 4 had filed Election Petition No. 1 of 2011 before the Munsif, Bikramganj, Rohtas with regard to the election of Mukhiya of Amratha Panchayat in Karakat Block of Rohtas District against the petitioner, who is the returned candidate, and others.

(3.) In the said suit, upon notice, the petitioner appeared on 5.9.2011. However, it appears that the Court on 19.11.2011 had debarred the petitioner from filing written statement. Aggrieved by the same, the petitioner filed an application for recall of the order which has been rejected on 9.7.2012.