Shamim Ahamad vs The State Of Bihar
2021 Latest Caselaw 5134 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13252 of 2021
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Shamim Ahamad Son of Mohammad Nazimuddin resident of Village- Baksa, Panchayat Raj, Uttari Mansingha, Block- Sugauli, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The State Election Commission, through the Election Commissioner, Bihar, Patna.

3. The Secretary, Bihar State Election Commission, Patna.

4. The District Magistrate-cum- District Election Officer (Panchayat), East Champaran.

5. The Panchayati Raj Officer cum Assistant District Election Officer, East Champaran.

6. The Block Development Officer-cum- Block Panchayati Raj Officer, Sugauli, East Champaran.

7. Sahood Ali son of Sheikh Lal Babu R/o Village- Mansingha, P.S.- Sugauli, District- East Champaran the Block Level Officer, Sugauli, East Champaran.

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

For the Petitioner/s : Mr.Krishna Kant Singh For the State : Mr. Sanjeet Kumar Singh, AC to AAG 6 For the S.E.C. : Mr. Amit Srivatava, Sr. Adv.

Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL JUDGMENT

Date : 01-11-2021

Heard learned Counsel for the parties concerned.

2. Learned Counsel for the petitioner submits that the

name of several persons have been included in the voters' list of

two Gram Panchayats, i.e. Uttari Mansingha and Dakshini

Mansingha. He further submits that 60-70 persons were earlier the

voters of Dakshini Mansingha, but with oblique motive, and in Patna High Court CWJC No.13252 of 2021 dt.01-11-2021

order to support a particular candidate of Uttari Mansingha, the

name of those 60-70 persons have been included in the voters' list

of Uttari Mansingha also, which is against the spirit of panchayat

election.

3. In pursuance of the order of this Court, dated

04.10.2021, a counter affidavit has been filed today in Court by

learned Counsel for the State, stating therein that as per the

Schedule, dated 11.12.2020 of panchayat election, the ward wise

voters' list was to be prepared between 14.12.2020 and

28.12.2020, after which publication of draft voters' list was to be

done on 19.01.2021 and objection against the draft voters' list

were invited between 19.01.2021 to 01.02.2021 and as per the

schedule notified by the State Election Commission, the voters' list

was prepared and published on 19.02.2021. He further submits that

no objection, in respect of the voters' list of Uttari Mansingha and

Dakshini Mansingha Gram Panchayats, was received on or before

the scheduled date.

4. Learned Counsel for the State Election Commission,

referring to Section 126 of the Bihar Panchayat Raj Act, 2006 (in

short, 'the 2006 Act'), submits that as per the second proviso to

Section 126 of the 2006 Act, no change in the electoral roll shall

be made after the notification of the date of the panchayat election Patna High Court CWJC No.13252 of 2021 dt.01-11-2021

by the Governor under Section 124 of the 2006 Act and according

to learned Counsel, the panchayat election was notified by the

Governor on 24.08.2021. He further submits that as per Section

126 A (2) of the 2006 Act, no person shall vote at a general/by

election in more than one constituency of the same class and if a

person votes in more than one such constituency, his votes in all

such constituencies shall be void. Accordingly, the submission is

that at this stage, no change in the electoral roll may be entertained

by the Court in view of the specific bar under Section 126 of the

2006 Act.

5. Learned Counsel for the petitioner, in reply, submits

that the names of 60-70 persons, which the petitioner is referring

in the present writ application, were not appearing in the draft

voters' list of Uttari Mansingha Gram Panchayat prepared by the

District Magistrate and, therefore, the petitioner could not file any

objection in this regard.

6. The contention of the petitioner that the names of 60-

70 persons, referred in Annexures 7 and 8 to the writ application,

were added only in the final voters' list of Uttari Mansingha Gram

Panchayat.

7. Having heard learned Counsel for the parties and

taking into consideration their respective submissions and the Patna High Court CWJC No.13252 of 2021 dt.01-11-2021

statutory provisions under Sections 126 and 126A(2) of the 2006

Act and in view of the fact that the panchayat election has already

been notified on 24.08.2021 and further from perusal of Section

126A of the 2006 Act, it transpires that if a person votes in more

than one constituency of the same class, his votes in all such

constituencies shall be void, I am not inclined to issue any

direction to the District Election Officer for Panchayat (District

Magistrate), East Champaran, for change in the electoral roll,

which has finally been published on 19.02.2021.

8. This writ application is, accordingly, dismissed.

9. There shall be no order as to costs.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

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Uploading Date               03-11-2021
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