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Judgment
Heard learned counsel for the petitioners, State and the
State Election Commission.
The petitioners are aggrieved by non consideration of
their objection relating to the voter list of the Patna Municipal
Corporation Election, 2017, where, according to them, about 1000
voters of Ward No. 72 have been shifted and made voters of Ward
No. 71.
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 petitioners shall appear
before the respondent no. 5, along with a copy of this order, on 24th
April, 2017 at 11.00 A.M. in his office. The respondent no. 5, shall
thereafter hear the petitioners 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.