Sajee Ahmad vs The State Of Bihar
2023 Latest Caselaw 4080 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14148 of 2022
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Sajee Ahmad Son of Late Shafi Ahmad, Resident of Ward No. 11 Village- Mehsaul, P.S.- Runi Saidpur, District- Sitamarhi, at present Mukhiya of Gram Panchayat Raj Gangwara Buzurg, P.S.- Runi Saidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati, Raj Department Govt. of Bihar, Patna.

2. The State Election Commission (Panchayati), Sone Bhawan Birchand Patel Path, Patna through its Secretary.

3. The State Election Commission (Panchayati), Sone Bhawan Birchand Patel Path, Patna.

4. The District Election Officer, (Panchayati) cum-District Magistrate, Sitamarhi.

5. The Returning Officer- cum Block Development Officer, Panchayati Election 2021, Runi Saidpur Block, District- Sitamarhi.

6. Amarnath Kumar Son of Dev Narayan Sahu @ Dev Narayan Sah, Resident of Ward No. 7, Village Mehsaul, P.S.- Runi Saidpur, District- Sitamarhi.

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

For the Petitioner/s : Md. Anisur Rahman, Advocate. For the Respondent/s : Mr. Prabhat Ranjan, AC to GP-6. For the SEC : Mr. Sanjeev Nikesh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023

Heard Mr. Md. Anisur Rahman, learned counsel

for the petitioner, Mr. Sanjeev Nikesh, learned counsel for the

respondent State Election Commission and Mr. Prabhat

Ranjan, learned AC to GP-6 for the State.

2. The petitioner by invoking the extraordinary writ

jurisdiction of this Court under Article 226 of the Constitution Patna High Court CWJC No.14148 of 2022 dt.28-08-2023

of India is seeking a direction upon the respondent authorities

to take appropriate penal action against the respondent no.5

for tampering in the EVM of Both No.213 'Ka' of the Gram

Panchayat Election, 2021 of the Gram Panchayat Election of

Gangwara Buzurg P.S. Runi Saidpur, District Sitamarhi. He

also prays for removal of the respondent no.6 from his post of

Technical Assistant in Nanpur Block, District Sitamarhi for

the wrong done by him as stated herein above.

3. It is submitted that under the election in question,

one Dev Narayan Sahu @ Dev Narayan Sah, who happens to

be the father of the respondent no.6 was a candidate for the

post of Mukhiya of the Gram Gangwara, Gram Panchayat Raj

Election, 2021, wherein the respondent no.6 was posted as a

Technical Assistant and deployed on election duty for

receiving the Election Voting Machine. On account of his

misconduct when the matter has been brought to the

knowledge of the Authorities concerned, the re-polling of the

affected booth was done, however, despite representation

being filed before the Block Returning Officer-cum-Block

Development Officer, Runi Saidpur, till date no action has

been taken against the erring respondent no.6. He next

submits that the aforesaid representation is pending before the Patna High Court CWJC No.14148 of 2022 dt.28-08-2023

Block Returning Officer-cum-Block Development Officer,

Runi Saidpur since 27.01.2022, but till date the same has not

been taken to its logical conclusion.

4. A counter affidavit has been filed on behalf of the

respondent nos. 4 and 5 and with reference to the statement

made in paragraph 11 thereof, submission has been made that

as per report submitted by the BHEL Engineer there was a

technical defect in the CU (H63448) and on such report of the

BHEL Engineer, the Returning Officer (Panchayat)-cum-

block Development Officer, Runi Saidpur submitted a report

vide Memo No.Camp01/SIT, dated 14.12.2021 in form 'kh'

with necessary recommendation. The report was forwarded to

the Secretary, State Election Commission, Bihar Patna by the

District Election Officer (Panchayat)-cum- District

Magistrate, Sitamarhi and on such report re-polling was

allowed and thus the grievance of the petitioner has redressed.

5. Considering the submissions and the nature of the

grievance, the respondent no.5 is directed to consider the

representation of the petitioner as contained in Annexure-1

and dispose of the same by a reasoned and speaking order

preferably within a period of twelve weeks for the date of

receipt/production of a copy of this order. Patna High Court CWJC No.14148 of 2022 dt.28-08-2023

6. Accordingly, the present writ application stands

disposed of with the aforesaid direction.

(Harish Kumar, J) manoj/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          01.09.2023.
Transmission Date       NA