Shekhar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5750 of 2017 =========================================================== Shekhar Singh, S/o Late Ram Ran Vijay Singh, Resident of Mohalla- Bundel Toli, P.O.- Patna City, P.S.- Malsalami, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.

2. The Principle Secretary, Department of Urban Development, Government of Bihar, Patna.

3. The District Magistrate, Patna.

4. The District Election Officer, Patna.

5. The Sub Divisional Officer, Patna City.

6. The State Election Commission through its Secretary, Sone Bhawan, Patna.

7. The Secretary, State Election Commission, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Kumar, Advocate For the SEC :

Mr. Amit Shrivastava and Mr. Sanjeev Nikesh, Advocates For the State :

Mr. Syed Hussain Majeed, A.C. to S.C. 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-04-2017 Heard learned counsel for the petitioner, State and the State Election Commission.

2. The petitioner is aggrieved by non consideration of his objection relating to the voter list of the Patna Municipal Corporation Election, 2017, where, according to him, the voters who are resident in the geographical boundary of Ward No. 71 have been shown to be voters for Wards No. 70 or 72.

3. Learned counsel for the State and the State Election Commission informed the Court that the State Election Commission has written to the District Magistrate-cum-District Election Officer

Patna High Court CWJC No.5750 of 2017 dt.21-04-2017 2/2 (Municipality), Patna to correct the voter list in accordance with the boundary of the Wards as they existed. They submitted that the matter be sent to the authority concerned for fresh consideration.

4. In view of the aforesaid, the matter is remanded to the respondent no. 5 for fresh consideration. The petitioner shall appear before the respondent no. 5, along with a copy of this order, on 24th April, 2017 at 11.00 A.M. in his office. The respondent no. 5, shall thereafter hear the petitioner and on the basis of records pass a reasoned order within three working days. The same shall be forwarded to the State Election Commission, through the respondent no. 3, within the next two working days. The State Election Commission shall act upon the said recommendation immediately and the voter list for the concerned Wards shall be modified, as may be required. The Patna Municipal Corporation Election, 2017 shall be held on the basis of voter list prepared in terms of the exercise directed in this order.

5. The writ petition stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U