IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.615 of 2010 1. URMILA DEVI W/O SRI PREM CHAND CHAUDHARY, R/O VILLAGE, P.O & P.S - SIRDALLA, DISTRICT - NAWADA. ------------ Respondent/Appellant Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER (PANCHAYAT), NAWADAH. 4. THE DISTRICT PANCHAYAT RAJ OFFICER, NAWADAH. 5. THE SUB -DIVISIONAL OFFICER, RAJAULI, DISTRICT- NAWADAH. 6. THE BLOCK DEVELOPMENT OFFICER, SIRDALLA, DISTRICT- NAWADAH. 7. THE CIRCLE OFFICER, SIRDALLA, DISTRICT- NAWADAH. 8. THE STATE ELECTION COMMISSION, BIHAR, PATNA THROUGH ITS SECRETARY. 9. THE SECRETARY, THE STATE ELECTION COMMISSION, BIHAR, PATNA 10. THE DEPUTY SECRETARY,THE STATE ELECTION COMMISSION, BIHAR, PATNA . --------- Respondents/Respondents 11. MINA DEVI, W/O SRI NIRMAL CHOUDHARY, R/O VILLAGE, P.O & P.S - SIRDALLA, DISTRICT - NAWADAH. ----------- Petitioner/Respondent ----------- 2 05.04.2010 Though this matter was listed for condonation of delay, yet we thought it not necessary to issue notice to the respondent writ petitioner for the nature of order we are going to pass. In this appeal, the challenge is to the order dated 28.01.2010 passed by the learned single Judge in C.W.J.C. 2 No. 11869 of 2009 by which he has restrained the respondent no.11 (appellant herein) from acting as the Pramukh as well as member of the Panchayat Samiti. It is submitted by Mr. S.B.K. Manglam that because of the aforesaid order, the District Magistrate, Nawada has sent a communication to the State Election Commission to hold a fresh election in respect of Pramukh of Pachayat Samiti, Sirdalla. Mr. Pradhan submitted that the Commission is not going to act on the said communication as the matter is subjudice. In view of the aforesaid, we are not inclined to pass any order. However, as the appellant has been restrained from functioning, we would only request the learned single Judge to dispose of the writ petition at the earliest. We repeat at the cost of repetition, such a request is being made keeping in view the nature of the lis. The appeal is accordingly disposed of. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)