BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question that has been raised by the petitioners of this writ application is as to whether a polling station once approved for holding the election of any Gram Panchayat by the District Magistrate can be altered by him.

(2.) Earlier this very question was raised by one Bir Bahadur Singh, respondent no. 6, a contesting candidate for the office of the Mukhia, in C.W.J.C. No. 1405 of 1978, but when it was referred to a Division Bench, the Bench by its order dated 6th December, 1974 took the view that objection, if any, in this regard might be taken by the voters and not by the candidate inasmuch as he failed to show that on account of the change, any injury muchless any substantial injury had been suffered by him. In that view of the matter, the writ application was dismissed and it is, thereafter, that the present writ application was filed by the six petitioners being voters of the Gram Panchayat in question, namely, Ajampur Khorampur Gram Panchayat.

(3.) Undisputedly according, to the earlier election programme as per the notification, the polling for electing different office-bearers was to take place on 26th May, 1978 at the various polling stations as approved by the District Magistrate by his order dated 5th May, 1978. A petitioner was, however, filed for changing the booth on behalf of the weaker section of the community, namely, the Harijans and the voters of the minority community, and by his order dated 12th May, 1978 (Annexure-1) the prayer was allowed and the booth of Ward no. 2, namely, Madhya Vidyalaya, Ajampur (Purvi Bhag) was shifted to Madhya Vidyalaya, Bhatguliya. This change led to the filing of the writ application by respondent no. 6 in this Court. On the dismissal of his writ application, a fresh election programme was published because the period of six months had elapsed in the meantime, fixing, however, Madhya Vidyalaya, Ajampur as one, of the polling booths. Objections appear to have again been taken by that set of people for keeping the polling station in the Madhya Vidyalaya aforesaid on the ground that respondent no. 6, one of the contesting candidates, being influential and turbulent man, would not allow the voters of Ward no. 2 to exercise their right of franchise. This led to an enquiry by the Executive Magistrate and the District Magistrate, Vaishali (respondent no. 2) passed the impugned order contained in Annexure S by which he made the change for the second time by shifting the booth from the Bhatauliya Middle School to Ajampur Middle School.