Prabha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6779 of 2021 ====================================================== 1.

Prabha Devi Wife of Late Ramjee Jaiswal Resident of Village Birauli, P.S. Rupauli District-Purnea.

2.

PRABHA DEVI BIRAULI THANA RUPAULI DISTRICT PURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary State Electio Commissioner, Govt. of Bihar, Patna.

2.

The District Magistrate Cum-District-Election Officer, Purnea. 3.

The District Panchayait Raj, Purnea.

4.

The, Block Development Officer-Cum Block Election Officer, Rupauli Distirct-Purnea.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Respondent/s :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2021 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Kumar Alok, learned SC-7 for the State via virtual mode.

Petitioner has preferred the present writ application for correction in draft publication of the voter list published on 19.01.2021 by which 150 voters of Ward No. 11 of Dhobgidha Gram Panchayat, Rupauli, Purnea has wrongly been included in the voter list of Ward No.12.

Learned counsel for the petitioner submits that objection in this regard has already been submitted by the petitioner but no decision has been taken upon this.

Patna High Court CWJC No.6779 of 2021(2) dt.04-09-2021 2/2 On the other hand, learned counsel for the State, referring to Section 126 of Bihar Panchayat Raj Act, 2006 submits that since Panchayat Election has already been notified no change in electoral roll is permissible under Section 124 of the said Act.

Accordingly, submission of the State is that in view of the fact that Panchayat Election has been notified, the present writ petition has become infructuous.

Having heard learned counsel for the parties and upon perusal of the Sections 124 & 126 of the Bihar Panchayat Raj Act, 2006, this Court is satisfied that the present writ application has become infructuous and no positive order/direction can be issued directing change in the electoral roll after the date of notification of the Panchayat Election.

Thus, the present writ application stands dismissed. (Anil Kumar Sinha, J) perwez U