Patna High Court
CWJC/12515/2026 of Ravi Kumar Arya Vs The State Election Commission (Municipality) on 18 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12515 of 2026 ====================================================== Ravi Kumar Arya Son of Sri Vijay Gupta, resident of Janpul Chowk, Ward No.24, P.O. Motihari, P.S.- Motihari, District- East Champaran at Motihari, presently working
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12515 of 2026
======================================================
Ravi Kumar Arya Son of Sri Vijay Gupta, resident of Janpul Chowk, Ward No.24, P.O. Motihari, P.S.- Motihari, District- East Champaran at Motihari, presently working as District Transport Officer, Darbhanga, District- Darbhanga.
... ... Petitioner/s
Versus
1.
The State Election Commission (Municipality) Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.
2.
The State Election Commissioner, The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna.
3.
The Officer on Special Duty, The State Election Commission (Municipality), Sone Bhawan, Birchand Patel Path, Patna.
4.
The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
5.
The District Magistrate, Sitamarhi, District- Sitamarhi.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Awnish Kumar, Advocate
For the State
:
Mr. J.K. Roy, SC 13
:
Mr. Jai Prabhat Kishore, AC to SC 13
For the S.E.C
:
Mr. Ravi Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
18-08-2026 Heard Mr. Awnish Kumar, learned Advocate for the petitioner and learned Advocate for the State. Mr. Ravi Ranjan appears on behalf of the State Election Commission.
2. The petitioner is aggrieved by the part of the order dated 03.10.2024 passed by the respondent No.2 in Case No.26 of 2024 issued under the signature of the respondent No.3 and Patna High Court CWJC No.12515 of 2026(2) dt.18-08-2026
contained in Memo No.3719 dated 03.10.2024, whereby and whereunder the respondent No.2 has been pleased to refer the matter to the respondent No.4 for disciplinary action against the petitioner.
3. Learned Advocate for the State Election Commission, at the outset drew the attention of this Court and submitted that on bare perusal of the impugned order, it appears that no adjudication has been made affecting the rights of the petitioner rather, the Commission, in sum and substance, has opined that it lacks jurisdiction and as such the complainant is at liberty to approach the concerned department, if he intends to agitate the matter. Such order does not give a valid cause of action. The right of the petitioner has not been harmed until a punitive order is passed.
4. Considering the submissions advanced, this Court finds merit in the submission of learned Advocate for the State Election Commission.
5. Accordingly, the writ petition stands closed. However in case the concerned department proceeds further and any order is passed, the petitioner is always at liberty to approach before the concerned authority or the appropriate form.
Patna High Court CWJC No.12515 of 2026(2) dt.18-08-2026
6. The writ petition stands closed with the aforesaid direction.
Utkarsh.k/- (Harish Kumar, J) U