Umesh Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4446 of 2016 ======================================================
1. Umesh Singh Son of Sri Ram Ishwar Singh, R/o Village- Badiha, P.O.- Jamuaon, P.S.- Sandesh, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
2. The Secretary, State Election Commission, Bihar, Patna
3. The Deputy Secretary, State Election Commission, Bihar, Patna
4. The District Collector-cum-District Election Officer (Panchayat) Bhojpur Ara.
5. The District Panchayat Raj Officer, Bhojpur at Ara.
6. The Block Development Officer, Sandesh, Bhojpur. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Maya Shankar Mishra, Adv. For the Respondent/s : Mr. Rajiv Roy, G.P.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-03-2016 Heard learned counsel for the parties.
It is admitted position that the name of the petitioner did not figure in the voter list of the Assembly constituency, Sandesh in the district of Bhojpur. The petitioner did not take steps to get his name included in the voter list of the Assembly. Section 126 of the Bihar Panchayat Raj Act provides that it is only such of the residents whose names finds mentioned in the voter of the Assembly constituency that can be entered in the voter lists of the Panchayat. Admittedly the name of the petitioner did not figure in the Assembly election and for which he made an effort of inclusion but it was belated, as by that time the final voter list of
Patna High Court CWJC No.4446 of 2016 (2) dt.03-03-2016 2/2 the Panchayat has also been published. Fact remains that the name of the petitioner is yet to be included in the assembly constituency of Sandesh and until such time that it is included, he cannot claim an entry in the voter list of the Panchayat. The pre requisite being absent, the grievance cannot be looked into presently. The writ petition is disposed of.
(Jyoti Saran, J) Bibhash/- U