Patna High CourtCWJC/5784/2017disposed

Satyendra Kumar v. The State Of Bihar And ORS

2017-04-19Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5784 of 2017 =========================================================== Satyendra Kumar Son of Ram Nagina Singh, resident of Gola Road, Gajadhar Chk, Danapur, P.S.-Danapur, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The secretary, The State Election Commission, Bihar

3. The District Magistrate-cun-District Election Officer (Nagarpaika). Patna.

4. Block Development Officer cum Revising Authority, Danapur, Patna.

5. The Sub Divisional Officer, Danapur.

6. The State Election Commission (Nagarpalika), Bihar through the State Election Commission, Sone Bhawan, 3rd Floor, Birchand Patel Path, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Viveka Nand Singh, Advocate For the State : Mr. G. P. Ojha, GA 7 For the SEC :

Mr. Amit Shrivastava with Mr. Sanjeev Nikesh, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-04-2017 Heard learned counsel for the petitioner, State and State Election Commission.

2. The petitioner is aggrieved by non-consideration of objection with regard to wrong inclusion of many persons in the voter list for Ward No. 22 of Danapur Nagar Parishad for the ensuing 2017 elections.

3. Learned counsel for the petitioner submitted that in terms of publication of the final voter list he had filed objection,

Patna High Court CWJC No.5784 of 2017 dt.19-04-2017 2/3 within time, before the respondents and in terms thereof the State Election Commission had in fact directed the District Magistratecum- District Election Officer (Municipality), Patna under letter no. 1072 dated 23.03.2017 to consider and dispose off the representation in accordance with law.

4. At this juncture, learned counsel for the State and State Election Commission submitted that the respondent no. 5,who is required to actually look into the objection and decide the matter, be directed to do the same within a fixed time period.

5. Learned counsel for the petitioner agreed to the proposal and submitted that the respondent no. 5 be also directed to hear the petitioner while considering the objection and to pass final order prior to the notification which is likely to be issued for the election soon.

6. In view thereof, the writ petition stands disposed off with direction to the respondent no. 5 to dispose off the objection filed by the petitioner before him, after giving opportunity of hearing to the petitioner and final reasoned order shall be passed latest by 25.04.2017 positively. Thereafter, the order shall be forwarded, through the respondent no. 3, to the State Election Commission so that elections are held on the basis of voter list prepared in terms of the order to be passed.

Patna High Court CWJC No.5784 of 2017 dt.19-04-2017 3/3

7. To facilitate the matter, the petitioner shall appear before the respondent no. 5 along with a copy of this order on 21st April, 2017 at 11:00 a.m. in his office.

(Ahsanuddin Amanullah, J) Anjani/- U