Sanjay Kumar Tiwary, S/o Late Brij Bihari Tiwari vs The State of Bihar

Heard learned counsel for the petitioner; State and State

Election Authority.

The petitioner has moved the Court for the following

reliefs:

" That this is an application for issuance of writ of mandamus commanding the respondents to conduct 2017 election of Vyapar Mandal, Charpokhari, Bhojpur on basis of authenticated voter list submitted by District Co-operative Officer, Chairman and Manager on the basis of which the authenticated voter list was published on 28.07.2017 or on the basis of the corrected voter list of the year 2012 election and not on the infirm voter list of year 2012 election and for issuance other appropriate writ/writs, direction/directions in facts and circumstances of the case."

Counter affidavit has been filed on behalf of

respondent no. 6.

The controversy involved in the present case is as to

whether the final voter list for the election to Charpokhari Vyapar

Mandal Sahyog Samiti Ltd. in the district of Bhojpur has been

published and further as to whether objections filed by the persons

against the draft publication of the voter list dated 28.07.2017 is in

accordance with law.

The counter affidavit on behalf of respondent no. 6

discloses that pursuant to draft publication dated 28.07.2017,

objections were filed and considering the same, the voter list of the

year 2012 has been published as the final voter list. However, from

the copy of the so called final voter list, the Court is unable to come to

a conclusion as to on which date such publication was made and also

the manner and mode of such publication. The reason is that there is a

specific averment made in the writ petition on oath that no such final

publication has been made and in the counter affidavit, only a

statement has been made without the date being disclosed in the copy

of the document which has been annexed along with the counter

affidavit. Going further, the stand is that in view of objections

received which was with regard to 53 new names being wrongly

added and 84 names wrongly deleted from the voter list of the year

2012, the disposal of such objections has been in a peculiar manner

which is totally inexplicable and unknown in law and the officer

concerned, to get over such objection, has taken the 2012 voter list

and made the same as the final voter list for the election of the year

2017. Such is an absurd proposition since as per the guidelines of the

State Election Authority that there had to be starting point, it was

directed that the 2012 voter list, i.e., for the last election held, would

be the starting point. The Managing Committees were required to sent

their list of members of their Co-operative Societies to the officers

concerned who were required to verify the same as per the guidelines

issued by the State Election Authority and thereafter forward the list

to the Returning Officer for further action, i.e., publication of the draft

voter list followed by receiving of objection and thereafter publication

of final voter list, after dealing with any complaint or objection

received. Thus, it is obvious that whatever exercise had to be done in

relation to verification of the list of members sent by the concerned

Managing Committees to the District Co-operative Officer in terms of

the previous voter list of the year 2012, had to be done at the level of

the District Co-operative Officer and thereafter it was to be forwarded

to the Returning Officer for being published as the draft voter list. The

same has been done in the present case. However, in view of

objections raised, the same were required to be considered

individually with regard to each and every person and specific

reasoned order had to be passed whether the objection was sustainable

or fit to be rejected. Then only the final voter list was required to be

published. In the present case, the same has not been done and a

method has been adopted of treating the 2012 voter list as the final

voter list. This is totally unsustainable in law. The Court, thus, has no

hesitation to hold that such final published voter list is illegal and

accordingly, the same stands quashed. The election scheduled for 17th

October, 2017 based on such voter list obviously cannot be proceeded

with and the same is stayed. The authorities are now required to

consider the matter from the stage of draft publication of the voter list

and objections received within the period specified, i.e., 08.08.2017

and whatever objections have been received by the authorities, the

same shall be considered, in accordance with law, and the guidelines

issued by the State Election Authority and with regard to each

individual, a decision shall be taken and reasons assigned.

It is made clear that no fresh objections shall be

entertained. Upon considering the objections, the final voter list shall

be prepared and thereafter election shall be held as per the fresh

schedule fixed by the State Election Authority. It is also made clear

that the exercise directed by the Court is restricted only to

Charpokhari Vyapar Mandal Sahyog Samiti Ltd. and has been passed

in view of the peculiar facts and circumstances of the present case and

also materials brought on record.

The writ petition stands allowed in the aforementioned

terms.