LAWS(PAT)-1995-2-43

NARENDRAKUMARSINGH Vs. ELECTION COMMISSION OF INDIA

Decided On February 15, 1995
NARENDRA KUMAR SINGH Appellant
V/S
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

(1.) By this petition the paryer as is that by issuing a writ of certiorari, the list of the polling booth for the Assembly Election of 1995 to be held on 15th, 7th and 9th of March published by the District Election Officer, Vaishali at Hajipur for Gram Panchayat, Harpur Belba falling within Mahur Block of District Vaishali. be quashed and not be disturb the old polling booths of villege Harpur Belba situated at the Middle School. Harpur, Belba and further commanding the respondents to attach the said booth from this newly created booth Nos. 135, 186 and 137 situated in the Primary School, Samsspura, Harijan Colony Chkashya and High School, Harpur Balba.

(2.) Now the polling booths have been fixed and the Assembly Elections have been declared to be held in this State on the 5th 7th and 9th of March 1995. The learned counsel for the petitioners urged that the polling booths have been incorrectly changed just to creat inconvenience to the persons residing near the old polling stations. The change is arbitrary, so that the persons who could have cost their vote at the old polling station may be handicapped at the new polling station at a distance of 3 Kilometers.

(3.) The learned Advocate General, appearing for respondent Nos. 2 and 3 has refuted the submissions of the learned counsel for the petitioners, Mr. Jaiswal appeared on behalf of respondent No. 1. It has been argued on behalf of the respondents that once the election process has comnenced for Assembly Elections to be held on the 5th, 7th and ,9th March, 1995, the High Court would not be justified to interdict the process. The aggrived person, after the elections are over, may filed election petition or seek relief through some other forum.