Ravi Ranjan Kumar Yadav vs State Of Bihar And Ors

Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner has come to this Court with a limited prayer for a direction to the respondent-authorities to set up a committee for conducting fresh survey of the population of Ward No.11, Ward No.5, Ward No.9 and Ward No.13 of Bijdhari Panchayat, Keshariya, East Champaran and for preparing a fresh voters' list, as the previously conducted survey was wholly irregular and would not suffice for the purpose of selection of Anganbari Sevikas.

Learned counsel for the petitioner submits that on the basis of erroneous survey of population, the Centre for Ward No.11 has been declared to be available for the E.B.C. candidate whereas in the said Ward, there is dominance of Backward Class population. It is further submitted that several names appear in the Votors' list of Ward No.11, who are, in fact, Ward No. 5 and other Wards. It is thus prayed that an appropriate direction be issued for disposal of the representations filed by the petitioner and other villagers regarding re-assessment and survey and preparation of a fresh voters' list, so that the selection of Anganbari Sevika be not prejudiced. It is further submitted that in view of the fact that Annexure 1 series clearly indicates that the names of certain voters have been found to be in two Wards simultaneously, there appears to be an anomaly in the voters' list itself and therefore this Court would direct that a fresh survey be conducted in accordance with the settled practices and it is only after a fresh survey is conducted, that Anganbari Sevika's selection be made.

Accordingly, it is directed that the petitioner shall appear before the District Programme Officer, Motihari, East Champaran (Respondent No.3) with a copy of this order/judgment and file a fresh representation and upon filing of such fresh representation, the District Programme Officer, Motihari shall conduct a fresh exercise after considering all facts and circumstances and pass necessary orders towards preparation of a fresh voters' list.

With the aforementioned observations and directions, the writ application stands disposed of.