w w w . L a w y e r S e r v i c e s . i n



Uchit Bhai Patel v/s State of Bihar


Company & Directors' Information:- PATEL CORPORATION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70100MH1989PTC050515

Company & Directors' Information:- PATEL INDIA PRIVATE LIMITED [Active] CIN = U29299MH1946PTC005012

Company & Directors' Information:- BHAI & BHAI PVT LTD [Active] CIN = U74120WB1963PTC025842

Company & Directors' Information:- K. PATEL & CO. PRIVATE LIMITED [Active] CIN = U45200MH1973PTC017100

Company & Directors' Information:- C PATEL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51500MH1973PTC016751

Company & Directors' Information:- PATEL CORPN PVT LTD [Strike Off] CIN = U51900MH1949PTC007835

    C.W.J.C 4088 Of 2006

    Decided On, 12 April 2006

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA

    For the Appearing Parties: ------------



Judgment Text

RAMESH KUMAR DATTA, J.

(1.) This writ petition has been filed for a direction to set aside the order dated 13.3,2006 passed by respondent No. 2, the Returning Officer (Panchayat) -cum-Circle Officer, Jamalpur, Munger, by which the nomination paper of the petitioner for election to the post of Mukhiya 2006 has been rejected/cancelled in the scrutiny on the ground that in the nomination form in column Nirbachan Chetra Sankhaya the petitioner has wrongly written the word 3 (three) instead of the word, 8 (eight) and further to restore the. petitioner's nomination.

(2.) A supplementary affidavit has been filed by the petitioner bringing on record the impugned order dated 13,3.2006 which could not be filed by him earlier since it was not available when the writ petition was filed. From perusal of the said order it appears that the ground for rejection was that the voter serial number of both the candidate and the proposer were wrong.

(3.) Learned Counsel for the petitioner has argued that the serial number of both the petitioner as well as of the proposer was correctly mentioned as can be found from 3 perusal of Annexure-3 to the writ petition which is the voters list of territorial constituency No. 8 of Indukh (West) Gram Panchayat, but due to over-sight in the nomination paper territorial constituency number was wrongly mentioned as 03 (three) instead of 08 (eight). From a perusal of the said voters list of territorial constituency of Gram Panchayat Indukh (West) the petitioner's name is to be found at Sl. No. 495 and that of his proposer is to be found at Serial No. 204. Learned Counsel for the petitioner has argued that the said error would come within the protection granted by Rule 41(3) of the Bihar Panchayat Election Rules 2006, which provides that no nomination paper can be rejected on account of any clerical or typographical error or any error which is not material and accordingly he contends that the mentioning of the wrong serial number of the territorial constituency is not a material error and hence, he ought to have been permitted to make the correction and his nomination paper should not have been rejected.

(4.) Learned Counsel for the state Election Commission, however, contends that the said error is a material error and the Returning officer while making scrutiny is not obliged to make a research into the different electoral rolls in order to find out in which territorial constituency the name of the petitioner finds place in the voters list.

(5.) However, the said issue is not relevant in the present matter due to another serious defect which is to be found in the nomination paper of the petitioner. Under Section 135 of the Bihar Panchayat Raj Ordinance, 2006 a person whose name is in the voters list of any territorial constituency within a Panchayat shall be qualified to be elected as a member of office bearer of the said panchayat. In terms of the said provision the petitioner would be eligible for contesting from the territorial constituency No. 3 although his name appears in the voters list of the territorial constituency No. 8 of the Panthayat. But with respect to the proposer specific provision is made in Rule 39(1)(a) of the Bihar Panchayat Rules, 2006 whereby the name of the proposer muse be entered in the voters list of the concerned territorial constituency of the panchayat. From Annexure-3 to the writ petition it is clear that the proposer Dipak Kumar's name appears in the voters list of territorial constituency No. 8 of Gram Panchayat whereas

Please Login To View The Full Judgment!

the petitioner has filed his nomination for election from territorial constituency No. 3 of the said Panchayat. Thus his proposer was disqualified to Jag act as proposer for Constituency No. 3 and the nomination paper was, therefore, rightly rejected on the ground that his name aid not appear in the concerned voters list. In the result, this writ petition is dismissed but with no order as to cost.
O R







Judgements of Similar Parties

28-05-2020 Patel Imtiyaz bhai Ibrahim bhai Versus State of Gujarat High Court of Gujarat At Ahmedabad
28-05-2020 Desai vipul bhai mafa bhai Versus State of Gujarat High Court of Gujarat At Ahmedabad
22-05-2020 Patel Engineering Ltd. Versus North Eastern Electric Power Corporation Ltd. (Neepco) Supreme Court of India
20-05-2020 Jerambhai Vanmalibhai Patel & Another Versus State (NCT of Delhi) & Others High Court of Delhi
15-05-2020 M/s S.M.C Power Generation Ltd, Orissa Versus Dilip Bhai Patel High Court of Chhattisgarh
07-05-2020 Gobind Patel Versus State of Chhattisgarh High Court of Chhattisgarh
01-05-2020 Mahesh Bhai Reva Bhai Pandya Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
27-04-2020 Shanta Babarao Deshmukh Versus BecharbhaiJivabhai Patel thr. POA ManibhaiKishorebhai Patel & Others High Court of Judicature at Bombay
20-04-2020 Patel Aabidali Yusufbhai Versus State of Gujarat High Court of Gujarat At Ahmedabad
26-03-2020 Anilkumar Vaikuthlal Patel Versus O.L. of A'bad Jubili Spinning & Mfg. Mills Co. & Others High Court of Gujarat At Ahmedabad
24-03-2020 Rajesh Manibhai Patel Versus Bar Council of Gujarat (BCG) & Another High Court of Gujarat At Ahmedabad
17-03-2020 Aarifaben Yunusbhai Patel & Others Versus Mukul Thakorebhai Amin & Others Supreme Court of India
13-03-2020 Mukeshkumar Prahaladbhai Patel Versus State of Gujarat & Another High Court of Gujarat At Ahmedabad
28-02-2020 Mavjibhai Shamjibhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
28-02-2020 Shri Pareshbhai Amrutlal Patel & Others Versus State of Gujarat & Another Supreme Court of India
17-02-2020 The State of Maharashtra Versus Ashishkumar Dineshkumar Patel, Proprietor of M/s. New Rajashiri Oil Depot High Court of Judicature at Bombay
17-02-2020 Babubhai Ranchodbhai Patel Versus Manager, Kataria Automobiles Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
10-02-2020 Ambalal V. Patel Versus Central Medical Service Society Vishwa Yuva Kendra & Others Competition Commission of India
28-01-2020 Prahladbhai Jagabhai Patel & Another Versus State of Gujarat Supreme Court of India
24-01-2020 Ajay Mody & Others Versus Rajul Patel High Court of Judicature at Bombay
24-01-2020 Auro Food Private Limited, Rep. by its Manager, S.M. Patel Versus Edumappan High Court of Judicature at Madras
21-01-2020 Dahyabhai C. Patel Versus Village Panchayat Parra, through its Sarpanch & Others In the High Court of Bombay at Goa
14-01-2020 Kanaiyalal Baldevbhai Patel & Others Versus Recovery Officer, Securities And Exchange Board Of India, Sebi Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
09-01-2020 State of Gujarat Versus Nandubhai Mahasukhbhai Patel High Court of Gujarat At Ahmedabad
09-01-2020 Jitendra Nagardas Patel Versus Yoganand Seva Samaj Trust & Others High Court of Gujarat At Ahmedabad
07-01-2020 Bhavesh @ Lallo Chandrakant Patel Versus State of Gujarat Supreme Court of India
06-01-2020 Laxminarayan Patel Versus State of Chhattisgarh, Through Police Station Dharsiva, Districtraipur (CG) High Court of Chhattisgarh
19-12-2019 Babubhai Shivram Patel & Others Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
18-12-2019 Jasraj Lalaji Oswal Versus Raziya Mehboob Patel & Another High Court of Judicature at Bombay
16-12-2019 M/s. Indian Oil Corporation Ltd., AP State Office, Hyderabad Versus M/s. N.R.P. Projects Private Ltd., Rep. by its Partner, Hitesh J. Patel High Court of Judicature at Madras
16-12-2019 Patel & Another Versus Secretary of State for the Home Department United Kingdom Supreme Court
10-12-2019 Ajaz Abdulrashid Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
06-12-2019 Parulben Lavjibhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
04-12-2019 Brijesh Kumar Patel Versus State of Madhya Pradesh & Others High Court of Madhya Pradesh
29-11-2019 Patel Dilipkumar Bhikhabhai & Another Versus Iffco Tokio General Insurance Company Limited Gujarat State Consumer Disputes Redressal Commission Ahmedabad
26-11-2019 Nitin Bhimabhai Patel Versus Union Territory of Daman & Diu Through the Public Prosecutor & Another High Court of Judicature at Bombay
25-11-2019 Kapilaben & Others Versus Ashok Kumar Jayantilal Sheth Through POA Gopalbhai Madhusudan Patel & Others Supreme Court of India
25-11-2019 Ishwarbhai Narayanbhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
20-11-2019 Adityakumar Dhruvkumar Patel Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
19-11-2019 M/s. Mohanlal Hargovinddas Bidi Udyog Private Ltd. Versus Jyotsnaben P. Patel High Court of Madhya Pradesh
18-11-2019 Dipak Kumar Jagubhai Patel & Another Versus Union of India through – Secretary, Ministry of Health & Family Welfare (Department of Health & Family Welfare) Ministry of Health and Family Welfare, Government of India & Others High Court of Judicature at Bombay
18-11-2019 Taher Bhai Sheikh Abbas Bhai Deesawala & Others Versus Nafisa Ismail Dhariwala & Others High Court of Judicature at Madras
15-11-2019 State Bank Of India Versus M.H. Patel & Others National Consumer Disputes Redressal Commission NCDRC
04-11-2019 Sunil Bhai Sheth Versus M/s. Agricore Commodities Pvt. Ltd. & Others Supreme Court of India
28-10-2019 M/s. United India Insurance Company Ltd. Versus Mohd. Naseeruddin Patel & Others High Court of for the State of Telangana
22-10-2019 Shaukathussain Mohammed Patel Versus Khatunben Mohmmedbhai Polara Supreme Court of India
18-10-2019 Keshavram & Others Versus Kubercharan (Dead) Through LRs (a) Ramshila Patel & Others High Court of Chhattisgarh
15-10-2019 Chandrikaben J. Patel & Others Versus Spice Jet Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
04-10-2019 Yatinkumar Jasubhai Patel & Others Versus State of Gujarat & Others Supreme Court of India
01-10-2019 Nirman Raltors & Developers Ltd. & Others Versus Amrutlal Premji Patel & Another High Court of Judicature at Bombay
23-09-2019 Govindbhai Chhotabhai Patel & Others Versus Patel Ramanbhai Mathurbhai Supreme Court of India
16-09-2019 Patel Kirtikumar Bhudarbhai Versus State of Gujarat High Court of Gujarat At Ahmedabad
13-09-2019 Natwarlal Pitambardar Patel & Others Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
09-09-2019 Jigneshbhai Ishwarbhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
06-09-2019 Samir Mahendrabhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
29-08-2019 Manji Sama Patel & Others Versus Bindiya Co-op Housing Society Ltd. High Court of Judicature at Bombay
21-08-2019 Jayantibhai Raojibhai Patel Versus Municipal Council, Narkhed & Others Supreme Court of India
14-08-2019 Dharmendra Patel V/S State of Karnataka and Others. IN THE HIGH COURT OF KARNATAKA AT BENGALURU
13-08-2019 Imtiyaz Husain Patel Versus State of Maharashtra High Court of Judicature at Bombay
09-08-2019 Keyur Ashok Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
05-08-2019 Ghanshyamsinh Pujubha Vaghela Versus Archanaben Shekharbhai Patel High Court of Gujarat At Ahmedabad
30-07-2019 Mahin @ Mahendra Natwarlal Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
29-07-2019 Mukeshbhai Bhikhabhai Sakhiya (Patel) Versus State of Gujarat High Court of Gujarat At Ahmedabad
25-07-2019 Hardik Dhirubhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-07-2019 A.S. Patel Trust & Others Versus Wall Street Finance Limited High Court of Judicature at Bombay
22-07-2019 Chandkhan Faridkhan Patel & Others Versus Mehrunissa Begum & Another In the High Court of Bombay at Aurangabad
22-07-2019 Naina N.Patel & Others Versus Commissioner, Pallavapuram Municipality, Chennai & Another High Court of Judicature at Madras
15-07-2019 Chandrakant Veljibhai Patel Versus The Gujarat State Road Transportaion Corporation High Court of Gujarat At Ahmedabad
12-07-2019 Akbarbhai Kesarbhai Sipai & Others Versus Mohanbhai Ambabhai Patel Since Decd Thro His Heirs & Others High Court of Gujarat At Ahmedabad
09-07-2019 Nilamben Prabhudas Patel Versus State of Gujarat Thro Secretary &Others High Court of Gujarat At Ahmedabad
09-07-2019 Vikikumar Dajibhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
08-07-2019 Sunil Bhai Sheth Versus M/s. Agricore Commodities Pvt. Ltd. & Another High Court of Judicature at Bombay
08-07-2019 State Versus Khimji Bhai Jadeja High Court of Delhi
04-07-2019 Dr. Pankaj K. Patel Versus Ramilaben D. Patel & Others National Consumer Disputes Redressal Commission NCDRC
03-07-2019 Haresh Kumar Laxman Bhai & Co. & Others Versus Commissioner of Trade & Taxes & Another High Court of Delhi
28-06-2019 Sunil Kumar Patel Versus State of Chhattisgarh & Others High Court of Chhattisgarh
25-06-2019 Naynaben Shantilal Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
13-06-2019 M/s. Mahesh Timber Trading Company, Represented by its Managing Partner Mavji Bhai M Patel, Kollathur Versus The Union of India, Represented by its Under Secretary, Ministry of Agriculture and Farmers Welfare, Department of Agriculture, Krichi Bhavan, New Delhi & Others Before the Madurai Bench of Madras High Court
03-06-2019 Raghunath Krishna Gole & Another Versus Sardar Munaf Patel High Court of Judicature at Bombay
01-06-2019 Bharat Bhogilal Patel Versus Leitz Tooling Systems India Private Limited High Court of Judicature at Bombay
10-05-2019 Narad Patel Versus State of Chhattisgarh Supreme Court of India
07-05-2019 Director Transport Department Union Territory Administration of Dadra & Nagar Haveli Silvassa & Others Versus Abhinav Dipakbhai Patel Supreme Court of India
03-05-2019 Sapna Versus Pravin Ishwarbhai Patel & Others In the High Court of Bombay at Nagpur
24-04-2019 Dipakbhai Jagdishchandra Patel Versus State of Gujarat & Another Supreme Court of India
22-04-2019 Lavkumar Patel Versus Nidra Patel High Court of Chhattisgarh
18-04-2019 Mahesh Patel Versus State of U.P. High Court of Judicature at Allahabad
18-04-2019 Jai Prakash Patel Versus State of U.P. High Court of Judicature at Allahabad
16-04-2019 Sureshbhai Laxmanbhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
16-04-2019 Jigneshkumar Natvarbhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
09-04-2019 Jagdish Prasad Patel (Dead) thr. L.Rs. and Others V/S Shivnath and Others. Supreme Court of India
09-04-2019 Pradeepkumar Gordhandas Patel Versus Chandrakant Jivanlal Patel Supreme Court of India
01-04-2019 Rameshbhai Ramjibhai Sorathiya & Others Versus Dilipbhai Kalyanji Patel High Court of Gujarat At Ahmedabad
25-03-2019 Abdul Aziz Abdul Majeed Patel & Others Versus Joint Charity Commissioner & Others In the High Court of Bombay at Nagpur
15-03-2019 Rohitbhai Jivanlal Patel Versus State of Gujarat & Another Supreme Court of India
15-03-2019 Shyam Kumar Patel (Since dead) & Others Versus The State of Madhya Pradesh & Others High Court of Chhattisgarh
14-03-2019 Khyatiben Ghanshyambhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
12-03-2019 Beauty Patel Versus Indira Devi High Court of Judicature at Patna
11-03-2019 Dharmeshbhai Kanubhai Patel Versus State of Gujarat High Court of Gujarat At Ahmedabad
08-03-2019 Baijnath Patel Versus Collector Mahasamund District Mahasamund Chhattisgarh High Court of Chhattisgarh
04-03-2019 Sujit Gopal Pawan Versus The Administration, U.T. of Daman & Diu, Through Ballu Sankarbhai Patel & Others High Court of Judicature at Bombay


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box