Birendra Kumar vs The State of Bihar and Others

It is the complaint of the petitioner that for election to the Legislative Council for Patna Teachers Constituency the name of teachers not working on sanctioned post, on the complaint filed, were deleted in the district of Nawadah and Nalanda but it has not been so done in the case of teachers working in the district of Patna. We have heard Mr. Y.V. Giri, Senior Advocate for the petitioner, Additional Advocate General No. XI for the State and the Counsel representing the Union of India.

The duty to hold free and fair election is entrusted to the Election Commission of India. In a large number of persons not eligible to be included in the Voters List have been included, the petitioner shall be well advised to raise his grievance before the Election Commission of India.

Needless to state that in case such a grievance is raised the Election Commission of India shall Consider the same expeditiously in accordance with law.

It is made clear that we have not expressed any opinion in regard to the claim made by the petitioner and that shall be decided by the Election Commission of India in accordance with law. Application stands disposed of with the observation aforesaid.