Rajan Kumar Sahani v. The Bihar State Election Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8205 of 2016 ====================================================== Rajan Kumar Sahani, son of late Vijay Kumar Sahani, resident of villageRam Jiyawanganj, Police Station- Buxar (M), District- Buxar. .... .... Petitioner/s

Versus

1. The Bihar State Election Commission, Sone Bhawan, Birchand Patel Path, Patna.

2. The State of Bihar through Principal Secretary, Panchayat Raj, Government of Bihar, Patna.

3. The District Magistrate -cum- Election Officer, Buxar.

4. The Block Development Officer -cum- Returning Officer, Buxar Block, District- Buxar.

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Respondent-State : Mr. Prabhat Ranjan, AC to GP-12 For the Respondent-SEC : Mr. Amit Shrivastava Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-05-2016 Heard the parties.

The petitioner complains of irregularity at Booth no.11 of Kamarpur Gram Panchayat in the district of Buxar in the ongoing Panchayat election held on 24.4.2016. According to the petitioner, there were irregularity in casting of votes at the said booth and the Presiding Officer abruptly stopped the polling at 1.00 PM, took away the ballot box in his custody without sealing the same in presence of the agent of the petitioner.

Mr. Shivendra Kumar Sinha, learned counsel appearing for the petitioner has with reference to the

Patna High Court CWJC No.8205 of 2016 (3) dt.16-05-2016 representation dated 25.4.2016 present at Annexure-2 submitted that the attention of the District Magistrate, Buxar has been drawn on the complaint but has not been disposed of. Having heard learned counsel for the parties and considering the nature of grievance, I deem it fit and proper to direct the District Magistrate -cum- District Election Officer, Buxar to consider the grievance of the petitioner as reflected in his representation dated 25.4.2016 present at Annexure-2 and dispose of the same in accordance with law preferably within one week from today and since this order is being passed in presence of Mr. Prabhat Ranjan, learned Assisting Counsel to Government Pleader No.12 he shall inform the District Magistrate, Buxar accordingly.

It goes without saying that whatever be the decision of the District Magistrate, Buxar -cum- District Election Officer on the complaint, the same be communicated to the State Election Commission immediately on disposal of the complaint.

(Jyoti Saran, J) SKPathak/- U