Patna High Court
M/S Rashtriya Swayamsevak Sangh ... vs Hon0Ble Election Commission Of ... on 22 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.514 of 2021
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M/S RASHTRIYA SWAYAMSEVAK SANGH PARTY (RSS PARTY)
Through Its National President (Legal) ADV.CSR, Regt. office at A- 104,
Singhvi Tower, Opposite Hatkesh, Mira Bhayandar Road, Mira Road East,
Maharashtra- 401107, India. Also local address at C/O ADV.CSR (Shri
Chitranjan Kumar, Advocate), S/o Late Shri Arun Kumar Singh, House No.
05, Ward No. 29, Near Babu Saheb House, Nasariganj, Digha, Patna, Bihar -
800012, E-mail id [email protected], +91-8669224422/8080070102
(M).
... ... Petitioner/s
Versus
1. HONOURABLE ELECTION COMMISSION OF INDIA (ECI) Through its
Chief Election Commissioner (CEC), Nirvachan Sedan, Asoka Road, New
Delhi 110001, E-mail id [email protected], 011-23052220.
2. STATE ELECTION COMMISSION, BIHAR Through its Chief Election
Officer (CEO), Sone Bhawan, 3rd floor, Beerchand Patel Marg, Patna -
800001 (Bihar), E-mail id [email protected], (0612)-2507847.
3. CABINET MINISTERS OF THE GOVERNMENT OF INDIA (GOI),
Through PRIME MINISTER, SH. NARENDRA MODI, At PMO, South
Block, New Delhi 110011, E-mail id connect @mygov.nic.in, plus91-1800-
110-031 (Help line No.).
4. UNION OF INDIA (UOI) Through Its Principal Secretary, At PMO, South
Block, New Delhi 110011, E-mail id [email protected], plus91-1800-
110-031 (Help line No. of PM).
5. STATE OF BIHAR (SOB) Through Its Principal Secretary, At CMO, Bihar,
4 Darshan Marg, Patna Bihar, E-mail id [email protected], Telephone (0612)-
2215577.
6. SHRI KUMAR RAVI (District Magistrate, PATANA), District election
Officer @ PATNA, Gandhi Maidan, Patna E-mail [email protected],
Mobile plus 916122219545.
7. M/S BHARTIYE JANTA PARTY (BJP) Through Its National President.
Local office at 8, Veerchand Patel Path, Patna, Bihar, E-mail id
[email protected], 0612-2504529
8. M/S JANTA DAL(UNITED ) (JD(U) Through its President, Local Office at
Veerchand Patel Road Area, Patna Bihar - 800001, E-mail id
[email protected], Mobile - 9473199323.
9. M/S RASHTRIYA JANTA DAL (RJD) Through its President, at 2,
Veerchand, Patel Path, Patna, Bihar - 800001, E-mail id tejashwi
[email protected], contact @ rjdonline.in, Tel No. 06122217222.
10. M/S INDIA NATIONAL CONGRESS (INC) Through its National
President, Local office at Sadaquat Asram, Patna - 800010, E-mail id
[email protected], [email protected],9431019240.
11. M/S LOK JANSHAKTI PARTY (LJP) Through its president, Local office at
Saheed Pir Ali Khan Marg, BIT Campus, Patna, Bihar 800014, and Mobile
Patna High Court CWJC No.514 of 2021 dt.22-06-2021
9570309961.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Chitranjan Kumar (In Person)
For the Respondent/s : Mr. Pawan Kumar, AC to AG
Mr. Om Prakash, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 22-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"(i) For the issue of a writ in the nature of
writ of Mandamus or any other appropriate
writ, order and directions declaring that 'the
broad guideline at SR. No: 10 (17) of the R.
No: 1 viz. Document No 324.6 EPS.
OT.001.2020 dated August, 2020 (i.e.
during the process of identification of
voter, the voter WILL require to lower
the face mask for identification, when
required) is illegal, offensive,
unconstitutional since violative of Article
14, 19(1) and 21 of the Constitution of India
and also for wants of Right to
compensations to electors (voters) against
possible 'loss of life / injury to life' arising
out of Bihar Vidhan Sabha Election-2020
across the state &other parts of India amid
COVID-19;
AND
(ii) For the issue of a writ in the nature of
writ of Mandamus or any other appropriate
writ, order or directions thereby declaring
"Free and fair election does include
allowing every electors to exercise right to
vote without any risk of getting infected
in the process of election" amid COVID-
Patna High Court CWJC No.514 of 2021 dt.22-06-2021
19; AND
(iii) For the issue of a writ in the nature of
writ of Mandamus or any other appropriate
writ, order or directions thereby declare that
notifying 'Bihar Vidhan Sabha Election --
2020 & other elections amid COVID-19
without exploring 'possibility to impose
president rule in state of Bihar and / or
explore possibility to have 'legislative /
ordinance' route to extend due dates of
scheduled elections in public interests, is a
prima-facie 'malafide and arbitrary
omissions' on the part of state, therefore
petitioner have right to seek 're-
consideration of decision to hold such
elections across India amid such pandemic
at the risk of life of poor people' since this
ought to be 'first and foremost
MANIFESTO' for all political parties
including R. No. 7 to 11 ;OR
(iv) For the issue of a writ in the nature of
writ of Mandamus or any other appropriate
writ, order or directions thereby direct the
R. No. 1 to 6 to frame a guideline / plan /
policy / scheme thereby extend the 'right to
ex-gratia compensations / cash less medical
heath care viz. COVID-19 patients to all
electors (voters) by expanding scope of
ECI's Letter No :464 / I & O / 2020 / EPS
dated 20th July, 2020 and Letter No
218/6/2020/EPS dated 22nd July, 2020 R/W
Central & State Govt. stand / approach on
the issue of right to compensation before
Hon'ble Bombay High Court in PIL No: 62
of 2014 is ipso-facto applicable in case of
whole election process,
And
(v) Ad-interim / Interim relief may be
granted during pendency of this matter;
(a) Be pleased to pass an appropriate writ
or order or direction 'TO STAY' the
compliance / execution of said broad
(17) viz. Document No 324.6 EPS.
Patna High Court CWJC No.514 of 2021 dt.22-06-2021
OT.001.2020 dated August, 2020: and / or
(b) As alternative, be pleased to pass an
appropriate writ or order or direction, 'TO
STAY' the entire election process of Bihar
Vidhan Sabha -- 2020 amid Covid -- 19
issues & immediate suspected 'threat to life
of the people at large in Bihar and also
across India, till final disposal of this PIL on
merit; OR
(vi) Any other relief other than prayed
above as this Hon'ble Court thinks fit in the
given facts and circumstances of the case."
Learned counsel for the petitioner, under
instructions from the petitioner, seeks permission to withdraw
the petition for the same having become infructuous.
Permission granted.
The present petition stands dismissed as
withdrawn.
Interlocutory Application(s), if any, shall sand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
