Karnvir Singh Yadav vs The State of Bihar

Heard learned counsel for the petitioners and the

State.

The writ petition has been filed seeking the

following reliefs:

"(i) For setting aside the letter contained in Memo No. 1011 dated 27.04.2017 issued by Respondent No. 2 whereby representation filed by the petitioner has been rejected without considering all relevant materials including the report dated 19.04.2017 in derogation of the order dated 26.04.2017 passed in C.W.J.C. No. 6309 of 2017.

(ii) For directing the respondents to include the name of the petitioners in the voter list of Ward No. 17 made for Barh Nagar Parishad forthwith.

(iii) For directing the respondents to stay the insuing election of Ward No. 17, Nagar Palika Election 2017 till name of petitioners be included in the voter list of Ward No. 17, Barh Nagar Parishad.

(iv) For grant of any other relief/reliefs to which the petitioner be found entitled in the eye of law."

The petitioners had filed an application for addition

of their name in the voter list of Ward No. 17 of Barh Nagar

Parishad and when the same was not considered, they moved the

Court in C.W.J.C. No. 6309 of 2017, which was disposed off by

order dated 26.04.2017, directing the respondent no. 2 to take a

final decision and pass appropriate orders, including the report

submitted by the Block Welfare Officer dated 19.04.2017.

Pursuant to the same, the petitioners submitted representation to the

respondent no. 2 on which an order was passed on 27.04.2017, by

which such request has been refused. The same is impugned in the

present writ application.

Learned counsel for the petitioners submitted that

the ground taken by the respondent no. 2, to reject the prayer for

including their name in Ward No. 17 of Barh Nagar Parishad is

erroneous as the same has been done for the reason that the name

of the petitioners is in the voter list for the Assembly Constituency

No. 179 pertaining to Barh, which is not correct inasmuch as, their

names have been deleted from such voter list. In support of such

contention, learned counsel has drawn the attention of the Court to

annexure P/7 to contend that the list down loaded from the website

neither contains the serial numbers of the petitioners nor their

names. Learned counsel submitted that once the names of the

petitioners stand deleted from the Assembly Constituency voter

list, coupled with the fact that there is a recommendation in favour

of the petitioners by the Block Welfare Officer in his report dated

19.04.2017, their name was required to be included in Ward No. 17

of Barh Nagar Parishad.

Learned counsel for the State submitted that the

ground taken in the order impugned is factually correct. It was

submitted that an attempt was made yesterday to access the site

from where the petitioners had downloaded the documents, copy of

which has been made Annexure-P/7, but the same being

inaccessible, a report has been obtained from the Election

Registration Authority for 179- Bihar Vidhan Sabha Constituency-

cum-Land Reforms Deputy Collector, Barh, who has given a

certificate under Memo No. 450 dated 02.05.2017 to the effect that

the name of the petitioner no. 1 is at serial no. 790 whereas that of

petitioner no. 2 is at serial no. 801, copy of the same has been

produced before the Court and is being kept on record.

The only issue involved before the Court is as to

whether, as a matter of fact, the names of the petitioners are present

in the 179- Bihar Vidhan Sabha Constituency voter list or not. A

certificate being produced before this Court from the Competent

Authority, who is the Registration Officer for 179- Bihar Vidhan

Sabha Constituency, to the effect that the name of the petitioners is

at serial nos. 790 and 801, cannot be brushed aside, at least by the

Court in the present judicial proceeding, as there is presumption in

law to the correctness of official records. Thus, the information

which the petitioners may have downloaded from the web cannot

negate the certificate brought before the Court and issued by the

Election Registration Officer for 179- Bihar Vidhan Sabha

Constituency.

Unless the names of the petitioners are deleted

from the voter list for the Assembly Constituency, which makes

them residents outside the geographical limit of Barh Nagar

Parishad, there cannot be any fresh entry of their names in any of

the Wards of Barh Nagar Parishad.

In view of the aforesaid, the Court does not find

any ground to interfere in the matter. Accordingly, the writ

petition stands dismissed.

However, the writ petitioners would not be

precluded to take appropriate steps, in accordance with law, before

the appropriate authority/forum, at the appropriate stage.