STATE ELECTION COMMISSIONER Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appeals are directed against the order passed by a learned single Judge in a batch of writ applications disposed of on 13-3-2001, directing the District Election Officers to prepare supplementary voters' lists if the matter is brought to their notice by 18-3-2001 that hundred or more electors whose names appear in the electoral rolls for the last election to the State Legislative Assembly are missing rom the voters' lists prepared and finalised from the concerned Gram Panchayats for holding the impending Panchayat elections and further directing to provide for additional ballot papers on the polling booths on the date already fixed for election in that territorial constituency and the entire exercise to be done before the date fixed for polling in a particular Gram Panchayat constituency. However, it has been further ordered that the supplementary voters' lists will not be used for filing nominations or for restoration or revival of a nomination paper earlier rejected on the ground that the candidate's name was missing in the voters' list as that will lead to the postponement of the election.

(2.) To take democracy to the grass-root level, Parts IX and IX-A in the Constitution were introduced by the Constitution (Seventy-Third Amendment) Act, 1992 and (Seventy-Fourth Amendment) Act, 1992. Part IX deals with the constitution, composition and holding of regular election to the Gram Panchayat, and Part IX-A deals with the Municipalities. The Bihar Government had enacted Bihar Panchayat Raj Act, 1947, dealing with the constitution, composition and holding of election to the Gram Panchayat. After introduction of Part IX in the Constitution, the said Act was repealed and a fresh Act, being Bihar Panchayat Raj Act, 1993 (hereinafter refered to as 'the Act') was enacted in conformity with the aforesaid provisions. Section 121 of the said Act empowers the State Government to frame Rules and in exercise of that power, the State Government has framed Bihar Panchayat Election Rules, 1995 (hereinafter referred to as 'the Rules').

(3.) Unfortunately, no election to the Panchayats in this State was held for about 22 years. The matter came to the notice of this Court in the case of Nand Kishore Singh v. Union of India, reported in 2000 (4) PLJR 819 and this Court noticed that the grass-root democracy is lacking in this State as no election has been held to the Gram Panchayats and other local bodies for a long period. The State Government in the said case filed an affidavit agreeing to hold the election to the Gram Panchayats. Thereafter, steps were taken to hold the election to the Gram Panchayats. First step was taken for prepartion of the voters' list and a time schedule for preparation of the same was published, according to which the time between 1-11-2000 to 20-11-2000 was fixed as the date for preparation of the voters' lists according to the territorial constituency-wise. After preparation, objections with regard to the same were invited between 21-11-2000 to 30-11-2000 regarding any omission or defect in the voters' lists. Objections were received and they were disposed of by the concerned officers and, thereafter, the final publication of the voters' lists was made on 1-12-2000 and according to the appellant, the printing of the voters' lists was done between 2-12-2000 to 20-12-2000.