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Judgment
Heard learned counsel for the petitioner, State and State
Election Commission.
The petitioner is aggrieved by non-consideration of his
objection filed on 27.02.2017 with regard to the error in the voter list
where it is alleged that voters of one Ward are shown as voters of
another Ward, as contained in his objection, copy of which is
Annexure-1, for Ward No. 20 of Danapur Nagar Parishad for the
ensuing 2017 elections.
Learned counsel for the petitioner submitted that in
terms of publication of the final voter list he had filed objection,
within time, before the respondents, but the same has not been
considered.
At this juncture, learned counsel for the State and State
Election Commission submitted that the respondent no. 5, who is
required to actually look into the objection and decide the matter, be
directed to do the same within a fixed time period.
Learned counsel for the petitioner agreed to the
proposal and submitted that the respondent no. 5 be also directed to
hear the petitioner while considering the objection and to pass final
order expeditiously.
In view thereof, the writ petition stands disposed off
with direction to the respondent no. 5 to dispose off the objection filed
on 27.02.2017 by the petitioner before him, after giving opportunity
of hearing to the petitioner and reasoned order shall be passed within
two working days. Thereafter, the order shall be forwarded, through
the respondent no. 3, to the State Election Commission within the next
two working days so that elections are held on the basis of voter list
prepared in terms of the order to be passed.
To facilitate the matter, the petitioner shall appear
before the respondent no. 5 along with a copy of this order on 26th
April, 2017 at 11:00 a.m. in his office.
It is made clear that ongoing process, as per the
notification issued/likely to be issued, shall continue uninterrupted,
except for the fact that after the exercise directed by this order, if any
modification is required in the voter list, the election shall be held as
per the modified voter list. It is also made clear that the authorities are
required to look into the objection strictly as contained in objection
filed within time by the petitioner and only if the same is available on
the records of the authorities.