Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8779 of 2012 ====================================================== 1. Husne Alam Ansari Son Of Late Kasim Ansari Resident Of Mohalla- Badakat Khan Ke Akhara, P.O. Jhauganj, Patna City, P.S. Khajekalan, District-Patna .... .... Petitioner/s Versus 1. The State Election Commission (Municipality) Bihar, 3rd Floor Sone Bhawan, Bir Chand Patel Path, Patna Through The State Selection Commissioner 2. The State Election Commissioner, Bihar State Election Commission (Municipality) Bihar, 3rd Floor, Sone Bhawan, Bir Chand Patel Path, Patna 3. The Secretary, State Election Commission (Municipality) Null Bihar, 3rd Floor Sone Bhawan, Bir Chand Patel Path, Patna 4. The Returning Officer, Patna Municipal Corporation Election, 2012, Ward No. 60, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar -Man For the Respondent/s : Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 2 04-05-2012 The petitioner has filed his nomination from Ward No. 60 to contest the election for the Patna Municipal Corporation on 19.4.2012. On 19.4.2012 the petitioner was arrested and the Returning Officer was informed that the petitioner is absconding in Khajekalan P.S. Case No. 229 of 2009, dated 7.11.2009 for offences alleged to have been committed under [STATUTE] and 27 of the Arms Act. This order of rejection of nomination has been produced by the State Election Commission. The petitioner Patna High Court CWJC No.8779 of 2012 (2) dt.04-05-2012 2 / 3 2 has annexed the First Information Report with the writ application which does not indicate the petitioner as one of the accused persons in the accused column. Today a certified copy of the entire order sheet has been produced. The order dated 21.3.2012 indicates that warrant of arrest has been issued against the petitioner. It is submitted that charge sheet had not been framed till 19.4.2012 i.e. the date on which the nomination was filed. From the order of cognizance dated 15.4.2011, it appears that the cognizance was taken for offences alleged against Munna @ Langra. The petitioner submits that as per Annexure-1, he was required to disclose in the nomination paper as to whether cognizance has been taken against him in any case and whether charges have been framed. It appears that both the steps have not been taken against the petitioner. The matter is remanded under Article 243ZA of the Constitution to the State Election Commission for consideration within a period of two days on receipt of an application by the petitioner against the order of the Returning Officer. The petitioner would not be required to annex the rejection of the nomination paper as the records are already with the State Election Commission. Patna High Court CWJC No.8779 of 2012 (2) dt.04-05-2012 3 / 3 3 This writ application is disposed of with the aforesaid observations. The petitioner would be at liberty to produce the web copy of this order before the authority concerned. Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 337

Statute Text:
Section 337 of the Indian Penal Code. Causing hurt by an act which endangers human life, etc. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.