LALAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Nivedita Nirvikar, learned senior counsel for the petitioners duly assisted by Mr. Ranjeet Kumar, learned counsel and Mr. Mukesh Kumar Thakur, learned counsel for the State Election Authority. The State is represented by Mr. Mahendra Prasad Verma, learned AC to SC-20.

(2.) By invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have filed the present writ application seeking following relief(s):-

(3.) Learned senior counsel for the petitioners contended that the petitioners and 78 similarly situated other persons were the bonafide Members of Phulwarishrif Vyapar Mandal since 1988. However, all on a sudden in the year 2017, their names have been illegally removed from the voter list. On being aggrieved, when the petitioners approached before the authorities concerned and filed their objection, their names have been included in the voter list of 2022. However, again without giving any notice or opportunity of hearing, their names have been removed from the voter list, pursuant to the order contained in Memo No.250 dtd. 31/1/2023. Despite objection being raised before all the higher authorities of Bihar State Election Authority, when no succor was made, the petitioners left with no option but to approach this Court i.e. C.W.J.C. No. 2083 of 2023. The learned Division Bench of this Court taking note of the submissions made on behalf of the parties, relegated the matter to the State Election Authority to take final decision with respect of genuineness of the claim of the petitioners and other similarly situated persons and further be pleased to extend the dates of election till completion of the enquiry and consequent decision.