Uday Kumar v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16836 of 2022 ====================================================== Uday Kumar Son of Mohan Prasad Resident of Chaudharana Road, Ward No.- 25, Police Station- Danapur, District- Patna (Bihar). ... ... Petitioner/s
Versus
1.
The Union of India through the Chief Election Commissioner, New Delhi, Nirbachan Sadan.
2.
The Chief Election Officer, Bihar, Patna.
3.
The Bihar State Election Commission, Son Bhawan, Patna. 4.
The District Magistrate-Cum-Election Officer, Patna. 5.
The Sub-Divisional Officer- Danapur- Cum- Election Officer, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mishra, Advocate For the Respondent/s :
Mr.Yogendra Prasad Sinha, AAG-7 Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 09-12-2022 Petitioner has prayed for the following relief(s):- "(a) For issuance of an appropriate writ/writs or direction in the nature of mandamus commanding and directing the respondents to cancel the voter list of Ward No. 25 of Block Danapur Khagaul Mohallah comes under the jurisdiction of Nagar Parishad Danaur and Danapur assembly constituency name of 32
Patna High Court CWJC No.16836 of 2022(2) dt.09-12-2022 2/3 persons in the voter list of the area are fake. They get their name enrolled in voter list on fake documents with malafide and antinational motive.
(b) Further for a direction to the respondents to set-up an enquiry as to how large number of voters have been included in Ward No. 25, Block- Danapur under jurisdiction of Nagar Parisad Danapur, constituency without any verification, without knowing their where about, whether parents (proposers) are living or not, without verification they used voter list. Antisocial ailments with malafide intention have been included in voter list without their identity to create nuisance and antisocial activities.
(c) For any other relief/reliefs for which the petitioner is entitled to get in the facts and circumstances stated in the aforesaid paragraphs."
After the matter was heard for some time, finding the Court not in favour of the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to approach concerned respondent/s or initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.
Patna High Court CWJC No.16836 of 2022(2) dt.09-12-2022 3/3 Prayer allowed.
The petition is disposed of as withdrawn with the liberty aforesaid.
Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.
It stands clarified that all issues of fact and law are left open to be agitated before the competent authority. Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/- U