Patna High Court

Ramadhar RayversusThe Union of India

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SUDHIR SINGH RAJESH KUMAR VERMA

Holding

The Court directs the District Magistrate‑cum‑District Election Officer to consider the petitioner’s representation and pass an appropriate order, thereby disposing the writ.

Summary

The petitioner, a Gram Panchayat Mukhiya, filed a public interest litigation seeking the removal of names of voters who had permanently shifted to another locality from the electoral roll of Gram Panchayat Badhara Mahaji. He contended that despite a Special Intensive Revision, the names remained, infringing the voting rights of the relocated voters. The petitioner had earlier submitted a representation to the District Magistrate‑cum‑District Election Officer on 6 October 2025. The Court examined the writ and directed Respondent No. 5 to consider the representation, afford a hearing to all stakeholders, and pass an appropriate order in accordance with law. Accordingly, the writ application was disposed of by the Court.

Issues considered

Whether the names of voters who have permanently shifted residence should be expunged from the electoral roll of the original Gram Panchayat.
Whether the District Magistrate‑cum‑District Election Officer is required to consider the petitioner’s representation and provide a hearing before deciding on the removal of such names.

Subjects

public interest litigation
electoral roll
illegal voters
representation
writ jurisdiction
district election officer
voter rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19431 of 2025
                 ======================================================
                 Ramadhar Ray Son of Late Chetan Ray, Resident of Village- Mahaji,
                 Panchayat- Badhara Mahaji, P.S- Doriganj, Block- Sadar, Chapra, presently
                 Mukhiya of Gram Panchayat Raj, Badhara Mahaji, Block- Chapra Sadar
                 District- Saran at Chapra.
                                                                           ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through Chief Election Commissioner, New Delhi.
           2.    The Chief Election Commissioner, the Union of India, New Delhi.
           3.    The State of Bihar, through State Election Commisioner, Patna.
           4.    The State Election Commissioner, the Bihar State Election Commission,
                 Patna.
           5.    The District Magistrate-cum-District Election Officer, Saran at Chapra.
           6.     The Block Development Officer-cum-Block Election Officer, Sadar, Chapra,
                  Saran.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Alok, Advocate
                                                    Mr.Rajiv Ranjan, Advocate
                 For the Respondent/s      :        Mr.Apurva Kumar, CGC
                                                    Mr. Vikas Kumar, AC to AG
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

3   06-01-2026                   Heard learned counsel for the parties.

                                 2. The present writ application has been filed in the

                   form of a Public Interest Litigation (PIL) for the following

                   reliefs:-

                                    “For       issuance   of   appropriate      writ/writs   or
                                    order/orders or direction/directions commanding
                                    the respondents to expunge the name of illegal
                                    voters of Gram Panchayat, Badhara Mahaji, Block-
                                    Chapra Sadar (Saran) as some of them have
                                    permanently shifted to Vishunpur, Shankar Nagar
          Patna High Court CWJC No.19431 of 2025(3) dt.06-01-2026
                                                     2/2




                                   Nigam and Rouja and enjoy their voting rights at
                                   that place. It is relevant to mention here that names
                                   of these voters continued to remain in existence at
                                   their earlier place too i.e. Gram Panchayat
                                   Badhara, Mahaji, and has not been removed even
                                   after SIR(Special Intensive Revision)”


                                3. Upon perusal of record, it appears that the

                    petitioner has already submitted a representation before

                    Respondent No. 5 for redressal of his grievance vide Annexure-

                    P/4 dated 06.10.2025.

                                4. Accordingly, Respondent No. 5 is directed to

                    consider the representation of the petitioner dated 06.10.2025

                    and pass an appropriate order, after giving adequate opportunity

                    of hearing to all the stakeholders, in accordance with law.

                                5. With the aforesaid observation and direction, the

                    present writ application stands disposed of.

                                6. Pending application(s), if any, shall stand disposed

                    of.



                                             (Sudhir Singh, ACJ)


                                           (Rajesh Kumar Verma, J)
Sujit/-
U

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