Lal Bahadur Singh @ Sri Kant Verma vs State Of Bihar Through The Principal And Ors

Heard learned counsel for the petitioner and learned AC to AAG 11 for the State.

The petitioner has moved the Court for the following relief:

"That this is an application for issuance of the writ in the nature of Mandamus or any other writ/writs direction/directions to the respondent authority to add the name of 600 Paccs members in the voter list pacs Ahiyapur, Haspura 2019 where by where under aforesaid name is in membership in the voter list 2014 Paccs Ahiyapur, Haspura, Aurangabad but due to malafide intention their name deleted by the Respondent No. 6 present Paccs Chairman Ahiyapur Facs, Haspura And/or any other appropriate writ order or direction which this Hon'ble court may deem fit and proper."

Learned counsel for the State, at the very outset, submitted that on 18.11.2019, a Division Bench of this Court in Gajendra Singh vs. The State of Bihar & Ors. (CWJC No. 22149 of 2019), in which similar relief was prayed for, declined to interfere on account of election having been notified on 31st October, 2019, which is also applicable in the present case. It was submitted that the said person has been given liberty to move before the authority concerned. It was also submitted that letter no. 1841 dated 16.11.2019 of the State Election Authority deals with the issue.

Learned counsel for the petitioner submitted that already an application has been filed before the competent authority i.e., respondent no. 5 on 25.10.2019 and also 04.11.2019, which is still pending.

Having regard to the aforesaid, the writ petition stands disposed off with liberty to the petitioner in terms of the order passed in the case of Gajendra Singh (supra). It goes without saying that if the petitioner and others have moved before the respondent no. 5, he is required to take a decision in terms of letter no. 1841 dated 16.11.2019, within the time stipulated in the said letter.