ANAMIKA SINGH Vs. BIHAR STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner seeks to cast his vote in the ensuing panchayat election. Having regard to the mandate contained in Section 126 of the Panchayat Raj Ordinance 2006, the petitioner is not entitled to cast such vote inasmuch as his name was not there rightly or wrongly in the voters list published at the time of last assembly election.

(2.) Section 126 of the Bihar Panchayat Raj Ordinance 2006 is as follows: Electors of Panchayat:-All such persons who are enrolled as electors in the electoral roll or that part of the rolls of the State Legislative Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchavat shall be the electors for concerned Panchavat Elections: Provided that the State Election Commission suo motu or on receipt of written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the concerned territorial constituency of the Panchavat, as it may deem proper: Provided further that no such change of the electoral roll shall be made after the notification of the date of Panchavat Election by the Governor under Section 124 of the Ordinance.

(3.) Learned counsel for the State Election Commission submitted that the first proviso to Section 126 of the said Ordinance entitles the State Election Commission to include in the electoral roll of the Panchavat such person whose name is although there in the electoral roll of last Legislative Assembly election but for some reason or the other has not been included in the electoral roll prepared for panchavat election. This submission has been made on instructions. The Election Commission has given this instruction in order to shield its failure to discharge statutory obligations. The Election Commission is seeking to insert something in Section 126 which is not there and this has been done with the sole object of shielding its inability to act in accordance with the statutory mandate.