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Bye-Election from the Siwan Local Authorities Constituency in the Bihar Legislative Council
New Delhi (3rd Sept 2014):The Commission vide its Press Note No. ECI/PN/39/2014, dated 19th August, 2014 issued the programme for holding bye-election from the Siwan Local Authorities’ Constituency in the Bihar Legislative Council and notifying the said bye-election in the State Gazette on 25.08.2014.
Subsequently, the Honorable High Court of Judicature at Patna in its order, dated 26.08.2014 in the Letters Patent Appeal No. 1170 of 2014 in the Civil Writ Jurisdiction Case No. 9361 of 2014 filed by Sh. Manoj Kumar Singh Vs. The Bihar Legislative Council & Others, has passed the following interim order: -
I.A. No. 6195 of 2014:
“Considering the fact that the notification for filling up the seat, in Bihar Legislative Council, which the appellant had been occupying, already stands issued and nominations have been invited, it would not be appropriate, on the part of this Court, to stay or suspend the process of election.
Considering, however, the nature of the grievances, which the appellant has expressed, and the nature of reliefs, which he has sought for, it is hereby directed that the process of election, including the result thereof, shall be subject to such further or other order or orders, which may be passed in this appeal, and these directions shall be notified by respondent No.5, namely, Election Commission, Government of India, so that the candidates, who may participate in the election process, remain aware of the direction given hereinbefore.
The respondents shall remain at liberty to move this Court for modification of the order in terms of the above observations.
I.A. No. 6195 of 2014 shall stand disposed of accordingly.
In view of the fact that this appeal needs out of turn hearing and expeditious disposal, we, in the interest of justice, direct that this appeal be listed, under the heading ‘For hearing’, on 10.09.2014.”
Accordingly, it is clarified that the process of election including the result thereof of the bye-election from Siwan Local Authorities’ Constituency notified by the Commission is subject to such further or other order or orders, which may be passed in this appeal. This is notified for the information of the candidates in the bye-election and others concerned.