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Judgment
Heard learned counsel for the petitioner, State and the
State Election Commission.
The petitioner is aggrieved by non consideration of his
objection relating to the voter list of the Patna Municipal Corporation
Election, 2017, where, according to him, the voters who are resident
in the geographical boundary of Ward No. 71 have been shown to be
voters for Wards No. 70 or 72.
Learned counsel for the State and the State Election
Commission informed the Court that the State Election Commission
has written to the District Magistrate-cum-District Election Officer
(Municipality), Patna to correct the voter list in accordance with the
boundary of the Wards as they existed. They submitted that the matter
be sent to the authority concerned for fresh consideration.
In view of the aforesaid, the matter is remanded to the
respondent no. 5 for fresh consideration. The petitioner shall appear
before the respondent no. 5, along with a copy of this order, on 24 th
April, 2017 at 11.00 A.M. in his office. The respondent no. 5, shall
thereafter hear the petitioner and on the basis of records pass a
reasoned order within three working days. The same shall be
forwarded to the State Election Commission, through the respondent
no. 3, within the next two working days. The State Election
Commission shall act upon the said recommendation immediately and
the voter list for the concerned Wards shall be modified, as may be
required. The Patna Municipal Corporation Election, 2017 shall be
held on the basis of voter list prepared in terms of the exercise
directed in this order.
The writ petition stands disposed off in the
aforementioned terms.