Gyanendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5030 of 2016 ====================================================== Gyanendra Kumar son of Late Nawal Kishore Prasad Sinha Resident of village - Sasbahana, P.S. Ariari, District - Sheikhpura .... .... Petitioner/s
Versus
1. The State of Bihar through the Commissioner State Election Commission, Patna
2. The District Magistrate/District Election officer, Sheikhpura, P.S. and District Sheikhpura
3. The Panchayat Raj officer, Sheikhpura, P.S. and Distt. Sheikhpura
4. The Block Development officer, Sheikhpura, P.S. and Distt. Sheikhpura .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the State E.C. : Mr. Amit Shrivasatva, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-03-2016 Heard Dr. Anjani Prasad Singh, learned counsel for the petitioner and Mr. Sanjeev Nikesh for the State Election Commission.
Although the petitioner along with his wife prays for inclusion of their names in the electoral roll of the Sasbahna Gram Panchayat falling in Block-Ariari in the district of Sheikhpura and for which Dr. Singh relies upon an application present at Annexure-1 series which is dated 11.1.2016 but while making such submission it is fairly admitted by Dr. Singh that the petitioners herein became a resident of the Panchayat in question
Patna High Court CWJC No.5030 of 2016 (2) dt.14-03-2016 only in February, 2016 meaning thereby the prescriptions provided in Prapatra (M.) of the format issued by the State Election Commission along with their circular dated 12.11.2015 which mandates that any voter who claims such right should be a resident of the Panchayat for not less than 180 days, is not fulfilled. That the petitioner by his own admission has not been a resident of the Panchayat concerned for 180 days, no indulgence can be granted to the relief prayed and this writ petition is disposed of accordingly.
(Jyoti Saran, J) S.Sb/- U