Dhruv Prasad Rastogi And Ors vs State Of Bihar, Through And Ors

Heard learned counsel for the petitioners; learned GP 19 for the State and learned counsel for the Bihar State Election Authority.

The petitioners have moved the Court for the following reliefs:

" (i) For direction to the respondent authorities to include the name of petitioners Primary Agricultural Credit Society in the voter list of Shankar Saraiya, Police Station-Turkaulia, District East Champaran.

(ii) For direction to the Respondent Anchorites to delete the name of 25 persons whose name has been included in the voter list of Shanar Saraiya without following the due process as required under the law.

(iii) For direction to the respondent authorities to conduct the ongoing Election on the basis of fresh/Modified voter list.

(iv) For any other relief/reliefs for which the petitioners are found entitled in the facts and circumstances of the case."

Learned counsel for the State brought to the notice of the Court order dated 18.11.2019 passed in CWJC No. 22149 of 2019 by which a Division Bench of this Court has refused to entertain similar plea by Gajendra Singh (petitioner of the aforesaid writ petition). The writ petition was disposed off giving liberty to the petitioner to raise all issues before the concerned authorities, in accordance with law. The Division Bench has also relied upon similar order dated 10.08.2009 passed in LPA No. 1028 of 2009.

It is not in dispute that the election has been notified on 31st October, 2019.

Faced with the situation, learned counsel for the petitioners submitted that the matter be disposed off in terms of the liberty given by the Division Bench in CWJC No. 22149 of 2019.

In view thereof, the writ petition stands disposed off with liberty aforesaid.