Patna High Court
Shivji Patel vs The State Of Bihar on 5 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9872 of 2020
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Shivji Patel, Son of Harihar Singh, Resident of Village - Lodipur, P.S. Goraul,
District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Govt. of Bihar.
2. The State Election Commission through Chief Electoral Officer, Bihar,
Patna.
3. The District Election Officer-cum-District Magistrate, Vaishali at Hajipur.
4. The Block Election Officer -cum- Block Development Officer, Goraul
Block, Vaishali.
5. The Booth Level Officer, Lodipur Panchayat, Goraul, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the Respondent/s : Mr. P.K. Verma, AAG-3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-01-2021
Petitioner has prayed for the following relief(s):-
"1(i). For shifting of polling booth
No. 238 from polling station situated at
Atakarmit Madhya Vidyalaya, Lodipur to
Nav Sirjit Vidyala Kurmi Tola, Lodipur,
though two polling booths 238 & 239 are
at one polling station situated at Lodipur
without any cogent reasons, while elector
had to travel about 2.5 Kilometer for
casting their vote despite they having
nearest School for polling booths.
(ii) For any other reliefs for which
the petitioner is found entitle in the fact
Patna High Court CWJC No.9872 of 2020 dt.05-01-2021
and circumstances of the case and for the
sake of justice."
After the matter was heard for some time, learned
counsel for the petitioner submits that petitioner shall be content
if a direction is issued to the concerned respondent(s) to
consider and decide the representation which the petitioner shall
be filing for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner within a period of four
weeks, the authority concerned shall consider and dispose it of
expeditiously and preferably within a period of eight weeks
from the date of its filing along with a copy of this order.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties.
Liberty reserved to the petitioner to approach the
Patna High Court CWJC No.9872 of 2020 dt.05-01-2021
Court, if the need so rises subsequently on the same and
subsequent cause of action.
We have not expressed any opinion on merits. All
issues are left open.
The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
physical mode.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( Rajeev Ranjan Prasad, J)
Amrendra/P.K.P.
AFR/NAFR
CAV DATE
Uploading Date 05.01.2021
Transmission Date
