Suresh Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6799 of 2016 ====================================================== Suresh Rai son of Sri Gaya Rai, Resident of Village-Jeev Rakhan Tola, Tata Colony, P.S. - Maner, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Panchayati Raj Department Government of Bihar, Patna.

2. The Divisional Commissioner, Patna Division, Patna.

3. The District Magistrate - cum - District Returning Officer, District Patna.

4. The Sub - Divisional Magistrate (SDM) Sub - Division Danapur, District - Patna.

5. The Returning Officer - cum - Block Development, Officer, Block - Maner, District - Patna.

6. The Commissioner, State Election Commission, Bihar, Patna.

7. The Secretary, State Election Commission, Sone Bhawan, Beer Chand Patel Path, Patna.

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, G.P.-22 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-04-2016 Heard learned counsel for the parties.

The petitioner had raised a grievance as regarding the situs of the booth which was situated near the house of the sitting Mukhia before the election authorities. The complaint was acted upon by the Commission and directions were issued. The matter was taken up for consideration today and was passed over to enable Mr. Amit Shrivastava to produce the order of the Commission since it was submitted that the State Election

Patna High Court CWJC No.6799 of 2016 (3) dt.22-04-2016 Commission had acted upon the grievance of the petitioner and necessary orders had been passed.

Mr. Amit Shrivastava as per his submissions produces a letter bearing Memo No. 3196 dated 22.4.2016 of the Deputy Secretary addressed to the District Magistrate cum District Election Officer (Panchayat), Patna whereby he has been directed to shift the polling booth and inform him accordingly. Mr. Gyan Prakash Ojha, learned Government Pleader-22 also informs the Court on instructions received from the District Panchayat Raj Officer, Patna that he has received the directions of the Commission and has taken appropriate steps for shifting of the polling booth from near the house of the Mukhiya. Since the grievance of the petitioner has been acted upon and steps have been taken by the election authorities for shifting of the polling booth, nothing survives in the writ petition which is disposed of accordingly.

Let the letter so produced by Mr. Amit Shrivastava be maintained on the record of the proceedings.

(Jyoti Saran, J) S.Sb/- U