Haji Shafiqual Haque Pradhan @ Haji Shafique Haque Pradhan v. The Union of India

District Magistrate, District- Katihar, (Bihar), Pin Code- 854105.

Sub-Divisional Officer cum Returning Officer, Sub-division- Barsoi, District- Katihar, (Bihar), Pin Code- 855102

Mehboob Alam, Son of Late Abdul Hakim, Resident of Village- Shivanandanpur, Police Station- Abadpur, District- Katihar (Bihar)- Pin Code- 855102. ... ... Respondent/s

====================================================== Appearance : For the Petitioner/s For the State For the E.C.I. For the U.O.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Fazle Karim, Adv. Mr. P.K. Verma, Sr. Adv. Mr. Siddartha Prsasad, Adv. Mr. Apurva Kumar, CGC : : : : 2 07-11-2025 Heard the parties. ORAL ORDER

Invoking the jurisdiction of this Court, the petitioner has preferred the present writ petition for the following reliefs:- i. To cancel or/and quash nomination forms of Mehboob Alam, a candidate of 65- Assembly Balrampur Bihar Constituency Assembly Election 2025. Patna High Court CWJC No.17844 of 2025(2) dt.07-11-2025 ii. To remove name of Mehboob Alam from electoral roll of India as warrant of arrest were pending against Mehboob Alam for more than six months in GR Case no.326 of 2009, GR Case no.3097 of 2010, GR Case no. 1830 of 2009, GR case no.600 of 2013 and 2903 of 2010 at the time of Special Intensive Review (SIR). cancel candidature of Mehboob Alam, a Candidate of 65- bados Assembly Balrampur Constituency Bihar Assembly Election 2025. To iii. Mehboob Alam iv. To delete the name electoral roll and Solar Cancel his nomination forms as a candidate of 65-Balrampur Assembly Constituency Bihar Assembly Election -2025. To Prevent Mehboob Alam, a Candidate of Balrampur Assembly 65- Constituency Bihar Assembly Election 2025 to contest election. v. vi. To direct Returning Officer Cum Sub- Divisional Officer, Barsoi to cancel nomination of Mehboob Alam of 65-Balrampur Assembly for Bihar Assembly Election 2025. respondent vii. To direct the authority Patna High Court CWJC No.17844 of 2025(2) dt.07-11-2025 consider and dispose of objection and application of the petitioner for cancellation of nomination of Mehboob Alam, a candidate of 65- Balrampur Assembly Constituency Bihar Assembly Election 2025. viii. To direct to stop further election process at 65- Assembly Balrampur Bihar Constituency Assembly Election 2025 till disposal of application of the petitioner. ix. To prohibit the authority by way of injunction to hold election at 65- of Assembly Balrampur Bihar Constituency Assembly Election 2025. x. To prohibit the authority by way of ad interim injunction to hold election at 65- of Balrampur Assembly Bihar Constituency Assembly Election 2025. xi. Alternatively, cancel membership of Bihar Legislative Por Assembly of Mehboob Alam in case he wins Bihar Assembly Election 2025 from 65-Balrampur Assembly Constituency. xii. Award costs of this petition and any other relief deemed just and proper by this Hon'ble Court in the interest of justice.

Referring to the averments made in the writ Patna High Court CWJC No.17844 of 2025(2) dt.07-11-2025 petition, it is submitted that the concerned Returning Officer cum Sub-Divisional Officer, Barsoi has committed a serious error in accepting the affidavit of the petitioner, which is anti- dated, besides other discrepencies in the nomination form. The entire facts have been brought to the knowledge of all the concerned, but no action has been taken till date. For ventilating the grievance, a detailed representation has been filed, before the respondent nos. 5 and 6 respectively, the copy of which is marked as Annexure 8 and 15 to the writ petition.

Mr. P.K. Verma, learned Senior Advocate representing on behalf of the State alongwith the counsel for other respondents have primarily taken this Court to Article 329 of the Constitution of India and submitted that no election to either house of Parliament or either house of the legislature of the State shall be called in question, except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature. He further drew the attention to Section 100 of the Representation of People Act, 1951 and contended that once the nomination of a candidate has been accepted, either improperly or rejected the same, it can only be challenged by filing an election petition under Section 81 of the Representation of Patna High Court CWJC No.17844 of 2025(2) dt.07-11-2025 People Act, 1951.

5. In any view of matter, in the case at hand, the nomination of the private respondent has already been accepted and now the election is notified to be held on 11.11.2025.

6. This Court finds substance in the submission advanced by learned Senior Advocate alongwith the learned Advocate for the Election Commission of India and Union of India. Accordingly, this Court does not find any reason or occasion to interfere in the writ petition.

7. The petitioner is at liberty to take legal recourses as available under the law.