Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.14721 of 2022 ====================================================== Akhilesh Kumar, aged about 45 years (Male) Son of Late Ram Pal PrasadResident of Mohalla- Behind Income Tax Commissioner Mitra MandalColony, Saket Bihar, P.S.-Phulwari, District-Patna. ... ... Petitioner/s Versus 1.The State of Bihar through the Chief Secretary, Government of Bihar, OldSecretariat, Patna.Secretariat, Patna. 2.The State Election Commission, Bihar Patna. 3.The Secretary, Election Commission, Bihar, Patna. 4.The Deputy Secretary, Election Commission, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :For the Petitioner/s : Mr. Awadesh Prasad Sinha with Mr. Kumar Mrityunjay Narain, Advocates For the State Election Commission : Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRAORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date : 08-12-2022 Heard Mr. Awadesh Prasad Sinha, learned counsel forthe petitioner and Mr. Sanjeev Nikesh, learned counsel for theState Election Commission. 2. The petitioner has moved the Court for the followingrelief: “That this is an application forissuanceofwrit/writs,order/orders,direction/directions to direct the respondents toadd the name of petitioner in the voter listprepared for Phulwari Sharif Municipality-2022” 3. The simple point involved is whether the petitionerwho claims to be a resident of Ward No. 11 of Phulwari SharifMunicipality is required to be shown in the voter list for electionto be held for Phulwari Sharif Municipality or whether he is aresident under Kurthoul Gram Panchayat for which his name wasthere in the voter list of the Election Commission of India, thoughsubsequently deleted. 4. Learned counsel for the State Election Commissionsubmitted that the objection filed by the petitioner was thoroughlylooked into and it has been found on verification that thepetitioner does not reside in Ward No. 11 of Phulwari SharifMunicipality and is still a resident of Kurthoul Gram Panchayatand thus, the petition for inclusion of his name in the voter list forPhulwari Sharif Municipality has been turned down. 5. Learned counsel for the petitioner submitted thatfactually the same is not correct. 6. Learned counsel for the State submits that once onfacts the petitioner has not been found to be a resident underPhulwari Sharif Municipal area, he cannot have a claim forinclusion of his name in the voter list there. 7. Be that as it may, since the basic foundational factsare in dispute, there is no occasion for the Court to interfere. Arish/- AFR/NAFRU T 8. Accordingly, the writ petition stands disposed of. 9. However, it shall be open to the petitioner to move before the competent authority for inclusion of his name in thevoter list for Phulwari Sharif Municipality based on whateverevidences/documents/materials he may have in his possession,including whatever has been brought on record in the present writpetition. If the same is done, the Court expects that the competentauthority shall look into the matter and upon proper verificationpass a reasoned order. (Ahsanuddin Amanullah, J) (Sunil Dutta Mishra, J)