Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- GIRIJISH KUMAR
Holding
The Court disposed of the writ application, granting liberty to file a fresh representation before the State Election Commissioner within 15 days and directing disposal of that representation within three months.
Summary
Om Prakash Singh filed a writ petition seeking correction of the voter list, demarcation of polling booths and creation of new booths in Pachgachhia Gram Panchayat. The petitioner asked the court to order the State Election Commissioner (SEC) to delete duplicate, deceased and migrated entries, and to demarcate booths with clear boundaries. The court, with the consent of both parties, disposed of the petition at the admission stage, granting the petitioner liberty to file a fresh representation before the SEC within 15 days. It further directed the SEC to decide the representation within three months after hearing the petitioner and to issue a reasoned order. No merits of the substantive reliefs were adjudicated, and the court emphasized that the final order would be solely that of the SEC.
Issues considered
- Whether the High Court can direct the State Election Commissioner to dispose of a fresh representation concerning voter list corrections within a fixed time.
- Whether the writ petition can be disposed of at the admission stage without adjudicating the substantive reliefs.
Subjects
- voter list correction
- polling booth demarcation
- State Election Commission
- writ jurisdiction
- administrative law
- representation of people
- election law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7514 of 2026
======================================================
Om Prakash Singh Son of Late Tripurari Prasad Singh, Resident of
Durgapur Tola, ward no. 10 Pachgachhia, P.S.- Bihra, District - Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Addl. Chief Secretary, Panchayati Raj Department Government of
Bihar, Patna.
4. The State Election Commission, Bihar through its Commissioner, Patna.
5. State Election Commissioner, Bihar.
6. The District Magistrate, Saharsa.
7. The District Election Officer, Saharsa.
8. The District Panchayati Raj Officer, Saharsa.
9. Block Development Officer, Sattar Kataiya, Saharsa.
10. The Panchayat Sevak, Pachgachhia Gram Panchayat, Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Adv.
For the Respondent/s : Mr. Sita Ram Yadav, GP-16
: Mr. Yatindra Narayan, AC to GP-16
For Commission : Mr. Ravi Ranjan, Adv.
: Mr. Girish Pandey, Adv.
: Mr. Yatindra Narayan, AC to GP-16
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned counsel appearing for the respondent-State as
well as the Bihar State Election Commission.
2. With the consent of both the parties, this writ
application is being disposed of at the admission stage
itself.
3. In the present writ application, the petitioner
has prayed for grant of following reliefs;
Patna High Court CWJC No.7514 of 2026(2) dt.25-06-2026
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“(i) For demarcation of booths and
publication of voter list of voters of Pachgacchia
Gram Panchayat to their respective
booth/nearest booth.
(ii) For deletion of name of voters whose
names have two (2) or three (3) entries in the
voter list of Pachgachhia gram panchayat.
(iii) For deletion of names of the persons
who have died and women who have been
married to some other places, from the voter list
of Pachgachhia gram panchayat.
(iv) For creating polling booths at
Angan bari, Community Bhawan etc as per their
ward.
(v) For directing the BLO and
Panchayat Sevak to demarcate polling area with
boundaries so the voters shall cast their votes in
their respective nearest area/booth.
(vi) For any other order/orders as may
be deemed just and proper in the interest of
justice.”
4. During the course of argument, learned
counsel for the petitioner submits that the petitioner may
be permitted to file a fresh representation before the
respondent No.5 i.e. the State Election Commissioner,
Bihar and appropriate direction may be issued to dispose
of the same within a fixed time frame, after giving an
opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
Patna High Court CWJC No.7514 of 2026(2) dt.25-06-2026
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respondent does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ
application is disposed of granting liberty to the petitioner
to file a fresh representation/application before the
respondent No.5 i.e. the State Election Commissioner,
Bihar within fifteen (15) days from today and if such a
representation/application is filed within the stipulated
time then respondent No.5 i.e. the State Election
Commissioner, Bihar is directed to dispose of the same
within a period of three months from the date of receipt of
the representation/application, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order
which shall be passed by respondent No.5, i.e. the State
Election Commissioner, Bihar should be a reasoned and
speaking order.
8. This Court has not expressed any opinion on
the merit of the case including maintainability of the writ
application.
9. With the aforesaid observation/direction and
Patna High Court CWJC No.7514 of 2026(2) dt.25-06-2026
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liberty granted, this writ application is disposed of.
10. All pending interlocutory application(s), if
any, shall also be deemed to have been disposed of.
(Girijish Kumar, J)
brajesh/-
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