Manjay Sahani @ Mithu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6642 of 2023 ====================================================== Manjay Sahani @ Mithu Sahani LATE SATYANARAYAN SAHANI S/oLate Satyanarayan Sahani, resident of village- Bhaluahi, Kadamwa Tola, P.S.- Ghora Sahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Cooperative Department, Government of Bihar, Patna.

2.

The Secretary, State Election Authority, Patna. 3.

The District Magistrate -cum- District Election Officer, East Champaran, Motihari.

4.

The District Co-operative Officer East Champaran, Motihari. 5.

The Block Co-operative Extension Officer-cum-Administrator Ghorasahan Matasyajivi Sahyog Samiti Limited, Ghorasahan Block, District- East Champaran.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha (Sc26) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner, learned counsel for the State along with the learned counsel for the State Election Authority Mr. Mukesh Kumar Thakur.

After hearing the learned counsel for the parties, the Court comes to a considered conclusion that petitioner is not an aggrieved person since his name is included in the Voter List, the petitioner is espousing the cause of such persons whose names were not included in the Voter List of the Society. It absolutely does not stand to reason that those who were not included in the Voter List have not approached the Court which

Patna High Court CWJC No.6642 of 2023(2) dt.05-05-2023 2/2 amply demonstrates that they are not aggrieved by the preparation of the Voter List in which their names were not included, since the persons whose names have not been included in the Voter List have not approached the Court, as such, the petitioner cannot espouse their cause seeking a Writ of Mandamus and Certiorari, further the election had already been notified and the Hon'ble Supreme Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and Anr. vs. The State of Maharashtra and Ors. Reported in AIR 2001, SC- 3982 has specifically held that writ petition to quash election schedule on grounds of illegality in preparation of electoral roll is not maintainable, such challenge can be raised in election petition. In the nature of relief claimed for, the Court is not inclined to proceed with the writ application. The writ application is dismissed.

(Satyavrat Verma, J) GauravSinha/- U