Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17539 of 2024 ====================================================== Dharmendra Kumar Son of Janak Sharma Resident of Village Ankopur, Police Station - Makhdumpur, District - Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

2.

The Registrar, Co-operative Societies, Bihar, Patna. 3.

The District Magistrate, Jehanabad.

4.

The Joint Registrar, Co-operative Societies, Magadh Division, Gaya. 5.

The District Co-operative Officer, Jehanabad. 6.

The Block Development Officer -cum- Returning Officer, Makhdumpur, District - Jehanabad.

7.

The Block Co-operative Officer, Makhdumpur, Jehanabad. 8.

The Sub Divisional Officer, Jehanabad.

9.

The Bihar State Election Authority through the Chief Election Officer, Harding Road, Patna, Bihar .... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvadeo Singh, Adv.

Mr. Sanjay Kumar, Adv.

For the State :

Mr.Manoj Kr. Sinha AC to GA-9 For S.E.A :

Mr. M.K. Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-11-2024 Heard the parties.

2. The main grievance of the petitioner is that his name was existing in the voters' list of 2019 relating to Jagpura PACS, Block Makhdumpur District Jehanabad but without assigning any reason, his name was deleted from the draft voters' list of 2024. The petitioner filed his objection on 20.10.2024 which was well within time but without disposal of the application of the petitioner, the final publication of voters' list was done.

3. Learned counsel for the State Election Authority has submitted that the process of nomination is over and the

Patna High Court CWJC No.17539 of 2024(2) dt.19-11-2024 2/2 scrutiny is going on. So, at this belated stage, the objection of the petitioner cannot be entertained.

4. It is an admitted fact that the objection made by the petitioner was filed within time before the prescribed authority. The objection is still pending and it has not been decided till date. The reason for not disposing of the objection is also not there. As per guidelines dated 24.09.2024, issued by the State Election Authority, the objection on the voters' list should be decided by a speaking order but ignoring these guidelines, the process of nomination started without disposing of the objection of the petitioner.

5. Considering the above-mentioned facts and circumstances, the Returning Officer-cum-Block Development Officer, Makhdumpur, Jehanabad is directed to dispose of the objection of the petitioner and if, the objection of the petitioner is disposed of in positive manner, he shall not be debarred from contesting the election.

6. With the aforesaid observations, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Nirmal/- U