IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9162 of 2009 SANJIV KUMAR PRADHAN S/O SRI YOGENDRA PRADHAN, R/O VILLAGE- ROSERA, PS- ROSERA DISTT-SAMATIPUR AT PRESENT WARD COUNCILOR, WARD NO.8,DEPUTY CHIEF COUNCILOR, NAGAR PANCHAYAT,ROHSERA---- PETITIONER Versus 1. THE STATE OF BIHAR REPRESNTED THROUGH THE CHIEF SECRETRY, GOVT. OF BIHAR, PATNA 2. THE STATE ELECTION COMMISSION, BIHAR,PATNA 3. THE DISTRICT MAGISTRATE, SAMASTIPUR---RESPONDENTS ----------- For the petitioner: Mr. Shivajee Pandey, Sr.Adv. Mr. Ajeet Kumar, Advocate For the Election Commission: Mr. R.S. Pradhan Sr. Advocate with Mr. S. Nikesh, Advocate For the Respondent: Mr. Y.V.Giri,Sr.Advocate With Mr. R. Giri,Advocate For Rosera Nagar Panchayat: Mr. C.S.Singh,Advocate ------------- 3 18.8.2009 After having heard learned counsel for the parties and after having perused annexure-4 which is so called enquiry report furnished by the Executive Magistrate, Rosera, the Court is of the opinion that the prayer made on behalf of the petitioner for a weeks’ time to respond to the same was not unreasonable for after all the petitioner had to verify the facts and assertions made in the enquiry report to defend himself effectively. The order passed on 31.7.2009 therefore is hasty order where the petitioner has been denied opportunity to defend himself and respond appropriately to the facts stated by the Executive Magistrate with regard to the meetings which have bearing on the final decision. The order dated 31.7.2009 is hereby quashed with a direction to the petitioner that he will now respond and file whatever he wants to file before the State Election Commission within one week from today with a copy to the complainant. The matter will be fixed on a particular date by the Election - 2 - Commission and final argument be made on behalf of the parties concerned on the date fixed and order will thereafter be passed in the matter. This writ application is disposed of along with the I.A. No.5057 of 2009 with the above direction. RPS (Ajay Kumar Tripathi,J.)