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Patna High CourtCWJC/9139/2019disposed

Pratap Narayan Singh v. The Election Commission Of India

2019-04-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9139 of 2019 ====================================================== Pratap Narayan Singh S/o Ramji Singh Resident of Village-Chaubey Tola,Ward No.12,P.S.-Chanpatia, Dist.-West Champaran at Bettiah ... ... Petitioner/s

Versus

1.

The Election Commission of India through its Secretary,New Delhi. 2.

The Secretary, Election Commission of India,New Delhi 3.

The State of Bihar through the Principal Secretary,Department of Home, Govt. of Bihar,Patna 4.

The Chief Electoral Officer, Bihar,Patna 5.

The District Magistrate-cum-District Returning Officer,West Champaran at Bettiah.

6.

The Deputy Development Commissioner, West Champaran at Bettiah. 7.

The Block Development Officer, Block-Chanpatia,District-West Champaran at Bettiah.

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

For the Petitioner/s :

Mr. Kripa Nand Jha, Adv Mr.Raghunandan Kumar Singh For the ECI : Mr. Siddhartha Prasad,Adv Mr. Om Prakash Kumar, Adv For the Respondent/s :

Mr.P.K. Verma (AAG3) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents for "shifting back the election Booth No. 92, Primary School, Bishunpur, Madakar to Booth No. 76 of Gram Panchayat Lakhaura Samudayik Bhawan, Chaubey Tola, within Block Chanpatia, District West Champaran in view of the report dated 05.02.2019 so that the voters of the locality may be allowed to cast their votes for coming Lok Sabha Election, 2019."

3. Learned counsel for the petitioner submits that for the past 25 years the petitioner has been casting his vote along with

Patna High Court CWJC No.9139 of 2019 dt.24-04-2019 2/2 the other local eligible voters at Booth No. 76 of Gram Panchayat Lakhaura Samudayik Bhawan, Chaubey Tola, within Block Chanpatia, District West Champaran, but all of a sudden it appears that the said booth has now been shifted to Booth No. 92, Primary School, Bishunpur, Madakar. It is further stated that the enquiry report dated 05.02.2019 (Annexure-1) recommended shifting of booth no. 92 to booth no. 76, in view of which the petitioner along with other villagers filed a representation on 14.03.2019 (Annexure-3) before the District Magistrate-cum-District Returning Officer, West Champaran at Bettiah (Respondent No. 5) raising objection against shifting of the subject booth. The said representation however, remains pending.

4. Learned counsel for the respondent-Election Commission of India appears and has been heard.

5. Having regard to the nature of prayer of the petitioner and the submission of the parties, this Court is of the view that the ends of justice will be met by directing the District Magistrate-cum-District Returning Officer, West Champaran at Bettiah (Respondent No. 5) to consider and dispose of the representation dated 14.03.2019 (Annexure-3) expeditiously, if not already disposed of, in accordance with law.

6. The writ petition stands disposed of with the aforesaid observations and directions.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2019 Transmission Date NA