ARUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE are two petitioners before this Court who seek to challenge the instructions and directions issued by the State Government (Annexure 14), the Election Commission of India (Annexure 15) and the Chief Electoral Officer, Government of Bihar (Annexure 17) on the issue of preparation of electoral roll for elections to teachers ' constituency in the legislative council of the State.

(2.) THIS writ petition was filed when the electoral roll was still under preparation and the election was yet to be held. During the pendency of this writ petition, the election from the teachers ' constituency was duly held. But Mr. P.N. Shahi, learned counsel appearing for the petitioners submitted that that would not render this writ petition infructuous because in view of the Supreme Court decision in Shyamdeo Pd. Singh V/s. Nawal Kishore Yadav, (2000) 8 S.C.C. 46 it was not open to the petitioners to challenge the election of the elected candidate on the plea of any irregularities in the electoral roll. The petitioners, therefore, proposed to pursue this writ petition so that atleast in future the same mistakes and errors may not be repeated and the next election may atleast be held on the basis of a proper electoral roll.

(3.) IN exercise of the powers under section 27 (3) (b) of the Representation of the People Act, 1950, the State Government had earlier issued a notification, dated 22.10.1986. The Schedule to the notification contained a list of the educational institutions which were deemed to be not lower in standard than that of a secondary school. The entry at serial no. 20 of the schedule was 'Janta colleges '. It does not need much imagination to see that the entry was quite vague and losely (sicloosely ?) worded.