Juli Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4404 of 2016 ====================================================== Juli Kumari wife of Dharmendra Kumar Singh resident of VillageKathchatar, P.O. Lilatari, P.S. - Rajoun, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Election Commission, State of Bihar, Patna through its Secretary.

3. State Election Commission, Bihar, Patna.

4. The Collector, Banka.

5. District Panchayati Raj Officer, Banka.

6. Block Election Officer, Rajoun, District - Banka.

7. Block Development Officer, Rajoun, District - Banka.

8. B.L.O., Gram Panchayat Kathchatar, Lilatari, P.S. Rajoun, District - Banka.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s : Mr. Kumar Alok, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-03-2016 Heard Mr. Mritunjay Prasad Singh, learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that despite the name of the petitioner appearing in the voter list of the Assembly Election concerned, it does not figure in the voter list of the Panchayat prepared for the Panchayat Election to be held in 2016. In support of his submission, a supplementary affidavit has been filed enclosing the voter identity card.

Mr. Amit Shrivastava, learned counsel appearing for the State Election Commission has produced an Advisory issued by

Patna High Court CWJC No.4404 of 2016 (2) dt.10-03-2016 the State Election Commission to all the District Magistrates who also happen to be the District Election Officers for the Panchayats, issued under the signature of the Secretary of the Commission and is dated 09.3.2016. In reference to the statutory provisions underlying Section 126 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'), the District Magistrates-cumDistrict Election Officers have been advised to include the name of all such electors whose name figured in the voter list prepared for the Assembly Election, 2015 but has been omitted for whatsoever reason in the voter list prepared for the Panchayat Election, 2016.

In view of the Advisory issued by the State Election Commission dated 09.3.2016, this writ petition is disposed of with the direction to the District Magistrate, Banka-cum-District Election Officer (Panchayat) as well as the Block Development Officer, Rajoun, District-Banka-cum-Returning Officer to take steps for inclusion of the name of the petitioner in the voter list within 48 hours of receipt / production of a copy of this order, even if by way of a supplementary voter list. The writ petition is disposed of with such directions. S.Sb/- (Jyoti Saran, J) U