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Patna High Court
Shri Chandra Shekhar vs The Secretary, Bihar State Election ... on 15 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20038 of 2025
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Shri Chandra Shekhar Son of Kamta Singh, Resident of Village Pilichh, Post
Pilichh, PS and Block Parwalpur, District Nalanda.
... ... Petitioner/s
Versus
1. The Secretary, Bihar State Election Authority, Bihar through its Secretary
3rd Floor, Sone Bhawan, Beerchand Patel Marg, Patna 800001.
2. The State of Bihar, through Addl. Chief Secretary, Co-operative Department,
Bihar, Patna.
3. The District Magistrate-cum-District Election Officer, Nalanda at Bihar
Sharif.
4. The District Development Commissioner-cum-Nodal Officer, Nalanda.
5. The Returning Officer-cum-PACS, Nalanda, District Nalanda.
6. The District Co-operative Officer, Nalanda.
7. The Block Development Officer, Block Parwalpur, District Nalanda.
8. Rakesh Kumar, Block Co-operative Officer, Block Parwalpur, District
Nalanda.
9. Dharmnath Prasad, D.C.O., Nalanda, District Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Shah, Adv.
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
For the BSEA : Mr. Mukesh Kumar Thakur, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 15-12-2025
Heard Mr. Gautam Shah, learned Advocate for the
petitioner, Mr. Mukesh Kumar Thakur, learned Advocate for the
Bihar State Election Authority and Mr. Dhurjati Kumar Prasad,
learned GP-14.
2. The petitioner is claiming to be a candidate for the
post of Chairman in PACS Election, Shankardih, which is
scheduled to be held tomorrow, on 16 th of December, 2025.
Invoking the jurisdiction of this Court, the petitioner sought a
direction to restrain the holding of election, until the correction
Patna High Court CWJC No.20038 of 2025 dt.15-12-2025
2/6
process of voters' lists for the PACS, Pilichh and Shankardih is
completed on the ground that names of various persons, who are
the voters in the voters list of PACS, Pilichh is also maintaining
in the voters' list of Shankardih, PACS and thus, there is every
possibility of serious malpractices in the election.
3. Learned Advocate for the petitioner contends that
with respect to the irregularities in the voters list of both Pilichh
and Shankardih, PACS where the name of various voters were
reflected in the voter list of both the PACS and some of the dead
persons were also been mentioned, therein, a complaint was
filed before the Bihar State Election Authority and the
contention of the complainant was found true. The authority
having gone through the materials came to the position that 47
dead persons were found inserted in the voters list and names of
as 813 persons as PACS voters were found in both the
aforenoted PACS and thus, certain directions have been issued,
including the direction to make necessary correction in the
voters lists and take appropriate action against the District Co-
operative Officer before notifying the election.
4. Notwithstanding the aforesaid facts and despite
having found serious irregularities in the preparation of voters
list, instead of making necessary correction, the respondent
Patna High Court CWJC No.20038 of 2025 dt.15-12-2025
3/6
State Election Authority proceeded further and came out with
the Notification No. 2981 dated 11.11.2025, fixing the date of
election. At one hand, the irregularity has been admitted in the
voter list, on the other hand, they are proceeding for conducting
election and thus, there is every chance that no fair election
would be conducted.
5. Mr. Thakur, learned Advocate for the Bihar State
Election Authority made a preliminary objection that the entire
procedure, including nomination, scrutiny and withdrawal of
name of candidature have already been completed, after
issuance of the notification dated 11.11.2025. Now, tomorrow
i.e. on 16.12.2025, is the date fixed for election and, as such, the
Court should not interfere in the election as the petitioner is not
remedy-less after the election. If the petitioner would have any
grievance with the result of the election, he may file an election
petition. It is further contended that the petitioner is espousing
the cause of such voters, who is said to have been suffering on
account of alleged irregularities noticed by the State Election
Authority vide its order contained in Memo No. 2735 dated
24.09.2025
, but none of them have joined the writ petition.
6. To support the aforesaid contention, reliance has
also been placed on a Apex Court decision rendered in the case
Patna High Court CWJC No.20038 of 2025 dt.15-12-2025
of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj)
Sahakari Dugdha Utpadak Sanstha and Anr. Vs. State of
Maharashtra and Ors., (2001) 8 SCC 509, where the Court has
categorically held as follows:-
"12. In view of our finding that
preparation of the electoral roll being an
intermediate stage in the process of election
of the Managing Committee of a specified
society and the election process having been
set in motion, it is well settled that the High
Court should not stay the continuation of the
election process even though there may be
some alleged illegality or breach of rules
while preparing the electoral roll. It is not
disputed that the election in question has
already been held and the result thereof has
been stayed by an order of this Court, and
once the result of the election is declared, it
would be open to the appellants to challenge
the election of the returned candidate, if
aggrieved, by means of an election petition
before the Election Tribunal."
7. It is further contended that a co-ordinate Bench of
this Court in CWJC No. 20 of 2023, taking note of the
aforenoted decision and the fact that the petitioner is espousing
the cause of various voters, whose names were not included in
the voter list of the society, dismissed the writ petition by
holding that writ petition to quash election schedule on grounds
of illegality in preparation of electoral roll is not maintainable,
such challenge can be raised in election petition.
8. Mr. Dhurjati Kumar Prasad, learned GP-14 taking
Patna High Court CWJC No.20038 of 2025 dt.15-12-2025
this Court through the order passed by the State Election
Authority submitted that there was a direction for preparation of
a fresh voter list and in pursuant, thereto, a fresh voter list has
been prepared and finally published on 20.04.2025. Before
publication of the voter list, the draft publication was made and
at no point of time as has been instructed, the petitioner has filed
any objection. Moreover, once the final publication has been
done in the light of the order passed by the State Election
Authority, the cause of action does not survive with the
petitioner.
9. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the mandate of the Apex Court as well as the fact that in
pursuance of the order passed by the State Election Authority,
final publication of voter list has been made on 24.10.2025, as is
manifest from the Notification No. 2981 dated 11.11.2025,
albeit the petitioner has not filed any objection either at the time
of draft publication of the voter list or after final publication of
the same. The election having been duly notified and all the pre
requisite procedures having been completed and none of the
voters of either of PACS has joined the petitioner in espousing
the cause of alleged irregularity, this Court does not find any
Patna High Court CWJC No.20038 of 2025 dt.15-12-2025
reason or occasion to interfere in the writ petition. Accordingly,
the writ petition stands dismissed.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.12.2025
Transmission Date NA
