Patna High CourtCWJC/6197/2016dismissed

Akhilesh Kumar Nirala And ORS v. The State Of Bihar And ORS

2016-04-06Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6197 of 2016 ======================================================

1. Akhilesh Kumar Nirala, S/o Sri Kishori Pal.

2. Vijay Kumar Pal, S/o Sri Ram Briksh Pal.

3. Shailesh Kumar, S/o Sri Kishori Pal.

4. Chandan Kumar, S/o Sri Jagdish Pal.

5. Sunil Kumar, S/o Late Jhalasi Pal.

All are residents of Village- Barabigaha, P.O. - Bhobhi, P.S. - Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Nalanda.

2. The State Election Commission through the State Election Commissioner, State Election Commission, 3rd Floor, Sone Bhawan, Beer Chand Patel Path, Patna-1.

3. The Secretary, State Election Commission, 3rd Floor, Sone Bhawan, Beer Chand Patel Path, Patna-1.

4. The District Magistrate -cum- District Election Officer, Nalanda.

5. The Block Development Officer -cum- Returning Officer, Gram Panchayat, Bara, Block- Hilsa, District- Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Manglam Mr. Ravi Ranjan For the Respondent-State : Mr. Uday Shankar Sharan Singh, GP-1 For the Respondent-SEC : Mr. Amit Shrivastava Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-04-2016 Learned counsel for the parties are present.

The matter relates to situs of booth. In my opinion the discretion entirely lies within the jurisdiction of the statutory authorities vested with such powers under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'). It is submitted by Mr. Ravi Ranjan, learned counsel appearing for the petitioners that Annexure-2 has been wrongly enclosed and thus he may be permitted to correct the error but in

Patna High Court CWJC No.6197 of 2016 (2) dt.06-04-2016 my opinion considering the nature of grievance raised by the petitioners which solely concerns the situs of booth and even if the petitioners have filed representation before the election authority in this regard yet this Court is not persuaded to interfere with the decision or to issue any direction in this regard.

The writ petition is dismissed.

(Jyoti Saran, J) SKPathak/- U