Mankesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19316 of 2021 ====================================================== Mankesh Kumar Singh, S/o Bindeshwari Lal Singh, Resident of VillageChandrahiya, P.S. Motihari Mufassil, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, State Election Commission, Government of Bihar, 3rd Floor, Sone Bhawan, Doraga Rai Path, R Block Chauraha, Beer Chand Patel Path, Patna 800001. 2.

The Secretary, State Election Commission, Government of Bihar 3rd Floor, Sone Bhawan, Doraga Rai Path, R Block Chauraha, Beer Chand Patel path, Patna 800001.

3.

The District Election Officer Cum District Magistrate, East Champaran, Motihari.

4.

The Election Oficer Cum Block Development Officer, Motihari Sadar, East Champaran.

5.

The Deputy Election Officer Cum District Panchayat Raj Officer, East Champaran, Motihari.

6.

The Panchayat Secretry, Rulahi Panchayat, Block Motihari Sadar, East Champaran.

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

For the Petitioner :

Mr.Sunil Kumar No.III, Advocate For the State :

Mr.Satya Vrat, A.C. to G.P.-10 For State Election Commission: Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 08-12-2021 The petitioner claims that his nomination paper for election as Mukhiya of Rulahi Gram Panchayat in the district of Motihari was not accepted as his name was not appearing in the voters' list.

It is the petitioner's case that in the previous voters'

Patna High Court CWJC No.19316 of 2021(2) dt.08-12-2021 2/2 list, his name was there and the moment he noticed his name absent from the voters' list prepared for the election of the Gram Panchayat, he had represented, but no corrective measures were taken.

Learned counsel appearing on behalf of the petitioner has argued that non-inclusion of the petitioner's name in the voters' list amounts to infringement of fundamental rights and, therefore, this Court should interfere in the present writ petition under Article 226 of the Constitution of India. On perusal of the pleadings on record, we are of the opinion that this writ application cannot be maintained. Admittedly, the process of election is over. This Court in Writ jurisdiction cannot entertain the nature of the grievance as raised by the petitioner.

This application stands dismissed.

However, the petitioner shall be at liberty to approach appropriate forum for redressal of his grievance. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U