Umesh Kumar Pandey @ Umesh Pandey v. The State Election Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8822 of 2021 ====================================================== Umesh Kumar Pandey @ Umesh Pandey S/o Late Chandrama Pandey, resident of Village- Salempur, P.S. Sidhwalia, Block- Barauli, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State Election Commission through Election Commissioner, Sone Bhawan, Birchand Patel Path, Patna.

2.

The District Magistrate, Gopalganj.

3.

The District Election Officer, Gopalganj.

4.

The Sub- Divisional Officer, Gopalganj.

5.

The Block Development Officer cum- Block Election Officer, BlockBarauli, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anurag Saurav, Advocate For the State Election Commission:

Mr. Amit Srivastava, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2021 Heard Mr. Anurag Saurav, learned counsel for the petitioner and Mr. Amit Srivastava, learned senior counsel for the State Election Commission.

The petitioner has filed the present writ application for a direction to the respondent nos. 2 & 4 to make changes / correction in the electoral roll published for Ward No. 12 of Gram Panchayat-Salempur Purvi, Block-Barauli, DistrictGopalganj inasmuch in the draft electoral roll name of 640 voters was published but in the final electoral roll name of 200 voters was deleted.

Learned counsel for the petitioner submits that

Patna High Court CWJC No.8822 of 2021(2) dt.27-09-2021 2/2 objection in this regard has been submitted before the respondent no. 2, 3 & 5 but no decision has yet been taken upon the objection of the petitioner.

Learned senior counsel for the State Election Commission as well as learned counsel for the State referring to 2nd proviso of Section 126 of the Bihar Panchayat Raj Act, 2006 submits that no change in the electoral roll is permissible after notification of the Panchayat election is published and according to the respondents Panchayat election has been notified on 2408-2021, and as such, no relief may be granted to the petitioner at this stage.

Having heard learned counsel for the parties and upon perusal of Sections 124 & 126 of the Bihar Panchayat Raj Act, 2006, I am of the opinion that in view of the statutory provision , no positive order / direction can be issued directing change in the electoral roll after the date of notification of the Panchayat election.

Accordingly, the present writ application is dismissed. (Anil Kumar Sinha, J) praful/- U