Amit Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6766 of 2016 ====================================================== Amit Kumar Singh, son of Bhupal Singh , Resident of village- Sultanpur East, P.S.- Mohuddin Nagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner.

3. The State Election Commissioner, the State Election Commission (Panchayat), Sone Bhawan, Birchand Padel Path, Patna.

4. The Secretary, the State Election Commission Commission (Panchayat), Sone Bhawan, Birchand Padel Path, Patna.

5. The District Magistrate -cum- District Election Officer (Panchayat), Samastipur, District- Samastipur.

6. The Returning Officer (Panchayat Election), Mohuddin Nagar Block, District- Samastipur.

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

For the Petitioner/s : Mr. S.B.K. Manglam Ms. Anita Kumari For the State E.C. : Mr. Amit Srivastava, Advocate For the State : Mr. Iqbal Asif Niazi, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-04-2016 Heard the parties.

The prayer of the petitioner in this writ petition is for direction to the State Election Commission and all authorities connected with the panchayat election in the State to take all preventive measures for ensuring a free and fair election and deployment of Para Military Forces. The petitioner is a resident of Gram Panchayat Raj, Raspur Patasiya West in the district of Samastipur and has filed his nomination for the post of Mukhiya in the said panchayat. All that he prays is that the election should be fair and the State Election

Patna High Court CWJC No.6766 of 2016 (2) dt.18-04-2016 2/2 Commission should ensure that each and every voter should be able to cast his vote without any fear.

It is rather surprising that it needs a writ petition to remind the Election Commission and the authorities connected with the Panchayat Election of their duties for ensuring free and fair election.

While Mr. Mangalam has laboured hard to impress the concern of the petitioner, it is the argument of Mr. Amit Srivastava, learned counsel appearing for the Commission that the Commission has taken all steps to ensure a smooth election and the petitioner need not be apprehensive in this direction.

Be that as it may, the attempt is bonafide and requires a consideration at the level of the Commission and although I have no doubt that the Commission as well as the authorities concerned are well prepared for ensuring a smooth election but this writ petition is only a reminder in that direction and is accordingly disposed of.

(Jyoti Saran, J) deepika/-