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Patna High CourtCWJC/8166/2016disposed

Rajesh Kumar v. The State Of Bihar And ORS

2016-05-11Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8166 of 2016 ====================================================== Rajesh Kumar, Son of Baleshwar Mahto, Resident of village- Gurumbha, P.S.- Mufassil, District- Nawada.

.... .... Petitioner/s

Versus

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

2. The State Election Commission, Bihar, Patna through its Secretary.

3. The Deputy Secretary, State Election Commission, Bihar, Patna.

4. The District Election Officer (Panchayat) -cum- District Magistrate, Nawada.

5. The District Panchayati Raj Officer, Nawada.

6. The Block Development Officer, Nawada.

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Respondent/s : Ms. Kumari Amrita, G.P.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-05-2016 A counter affidavit has been filed. Let it be kept on record.

Heard the parties.

The petitioner was aggrieved by the location of the polling booth at Primary School, Gurumbha bearing Booth No.156 क inter alia on the grounds that the distance was more than 5 kilometres and was located near the house of the sitting Mukhiya. It was stated that there is a community hall available within the village- Gurumbha where a polling booth can be established.

A counter affidavit has been filed on behalf of the

Patna High Court CWJC No.8166 of 2016 (3) dt.11-05-2016 2/2 State Election Commission enclosing a letter of the Sub Divisional Officer, Nawada Sadar bearing letter no.635 dated 2.4.2016 recommending for establishment of a polling booth at the community hall at village Gurumbha bearing polling booth no. 156 क. According to learned Counsel for the Commissioner, even the Commission has communicated its approval to the District Magistrate, Nawada -cum- District Election Officer for the establishment of Booth No.156 क at Gurumbha.

In the circumstances discussed and in view of the steps taken by the Election Authorities on the grievance raised by the petitioner, nothing survives in the writ petition for the present and which is accordingly disposed of.

(Jyoti Saran, J) deepika/- U