CHAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN each of these writ petitions comprising this batch complaint is made that names of persons having voting right have been left out, in small or large numbers, from the voters ' list prepared for the respective Gram Panchayats for the coming Panchayat elections. Apart from the cases in this batch there are many more cases on the list before this court making the same grievance.

(2.) BEFORE proceeding further, it may be stated that elections for the local bodies (Gram Panchayats) and Zila Parishads) are going to be held in this State after a gap of 22 years. It may also be noted that the necessary will and the drive which made the coming elections possible came from the order passed by this court in Nand Kishore Singh vs. Union of India, 2000 (4) PLJR 819. Needless to say, therefore, it is of the utmost concern of this court that the elections are held on schedule, as fixed by the electoral authorities, and that nothing be allowed to happen that might cause obstruction or delay in the holding of the elections. At the same time this court is equally concerned that the elections should be meaningful and at the conclusion of the election process all the efforts and expenses may not appear to have been futile and a waste.

(3.) IN the first category were cases raising grievances about the location of polling booths. In those cases it was generally alleged that the concerned electoral officers, in league with the dominant individual, group or caste in the respective Gram Panchayats were setting up polling booths at places where it would be impossible or very difficult for the weaker groups or sections to cast their votes. The location of the polling booths, according to allegations, was determined with a view to unduly favour an individual, group or caste. In some cases allegations were of a serious nature. It is, however, obvious that such allegations, purely based on local facts, could not be properly examined in a writ petition and in case such disputes were allowed to be opened before the High Court, it would have been impossible for the concerned authorities to hold the elections. Hence, all such cases, without exception, were dismissed by this court in limine, leaving it open to the petitioner in those cases to approach the electoral officers for any relief(s) that they might give them in accordance with law.