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Patna High Court

Narendra Prasad SinghversusThe Election Commission of India

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation before the Electoral Registration Officer and disposed of the writ petition.

Summary

Petitioner Narendra Prasad Singh filed a representation on 10‑12‑2025 seeking correction of his name in the electoral roll and requested the Chief Electoral Officer of Bihar to fix a time‑frame for consideration. The Electoral Registration Officer (Respondent No. 4) suggested that the petitioner file a fresh representation before him. The Patna High Court, without examining the merits, disposed of the writ petition at the admission stage, directing the petitioner to submit a fresh representation within two weeks and directing the officer to consider it within eight weeks, ensuring an opportunity of hearing and prohibiting rejection merely because the final voter list had already been published. The court ordered that any necessary corrections be made and the final voter list be published accordingly. The petition was thus dismissed with these procedural directions.

Issues considered

  • What procedural steps must a petitioner follow to seek correction of his name in the electoral roll?
  • Whether the writ petition can be entertained without a fresh representation before the Electoral Registration Officer.

Subjects

  • voter list correction
  • electoral roll
  • representation
  • election law
  • writ petition
  • High Court
  • procedural direction
  • opportunity of hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2960 of 2026
                 ======================================================
                 Narendra Prasad Singh, Son of Late Gita Prasad Singh, Resident of Ward No.
                 29, Adarsh Colony, Reliance Petrol Pump, Kalam Bagh Road, Muzaffarpur,
                 P.O. Ramna, P.S. Kazi Mohammadpur, District-Muzaffarpur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The Election Commission of India through the Chief Election
                 Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi.
           2.    The Chief Election Commissioner, the Election Commission of India,
                 Nirvachan Sadan, Ashoka Road, New Delhi.
           3.    The Chief Electoral Officer, Bihar, Patna.
           4.    The Electoral Registration Officer, Tirhut Teachers Council Constituency
                 cum Divisional Commissioner, Tirhut Division, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. S.B.K. Manglam, Advocate.
                                               Mr. Awnish Kumar, Advocate.
                                               Mr. Vikash Kumar Singh, Advocate.
                 For the Respondent/s   :      Mr. Siddhartha Prasad, Advocate.
                 For the ECI            :      Mr. Siddhartha Prasad, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

4   06-04-2026                   Learned counsel appearing on behalf of the petitioner

                   prays that Respondent No. 3 herein may be directed to dispose

                   the representation dated 10.12.2025 (Annexure-P/4) filed by the

                   petitioner by fixing a time frame. Learned counsel further

                   submits that a copy of the objection/representation dated

                   10.12.2025 has also been given to the Respondent No. 4.

                                 2. Learned counsel appearing on behalf of the

                   respondent-authority, on instructions, submits that the petitioner
Patna High Court CWJC No.2960 of 2026(4) dt.06-04-2026
                                            2/3




          may be directed to give a fresh representation to the Electoral

          Registration Officer, Tirhut Teachers Council Constituency-

          cum-Divisional Commissioner, Trihut Division, Muzaffarpur

          i.e. Respondent No. 4 herein ventilating his grievance and the

          same shall be considered in accordance with law.

                      3. Without going into the merits or demerits of the

          case, the present writ petition is disposed of at the stage of

          admission with the consent of both the Counsels. Having regard

          to the above made submission, the present writ petition is

          disposed of directing the petitioner to file a fresh representation

          before the Electoral Registration Officer, Tirhut Teachers

          Council Constituency-cum-Divisional Commissioner, Trihut

          Division, Muzaffarpur i.e. Respondent No. 4 herein ventilating

          his objections/grievance within a period of two weeks from

          today. On such representation/objections being given, the

          Respondent No. 4 shall consider the same and pass necessary

          orders for correction of the voter-list. It is needless to mention

          that before passing any order the petitioner shall be given an

          opportunity of hearing. Any order passed by the authority shall

          be communicated to the party. It is also made clear that the

          authority shall not reject the objection/representation filed by

          the petitioner or any other party solely on the ground that the
           Patna High Court CWJC No.2960 of 2026(4) dt.06-04-2026
                                                       3/3




                     final voter-list has already been published. The authority shall

                     endeavour to complete the entire exercise as expeditiously as

                     possible preferably within a period of 08 weeks from the date of

                     the receipt of the copy of the objection/representation from the

                     petitioner. In case, the objection/representation of the petitioner

                     is upheld, the authority shall delete/add the names of the

                     electors and publish the final voter-list.

                                 4. With the above directions, the present Writ Petition

                     stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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