SUBHASH PRASAD YADAV Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to make necessary correction in nomenclature of the respondent no.1 as Election Commission of India, through the Chief Electoral Officer, Jharkhand.

(2.) The present writ petition has been filed for issuance of direction upon the respondents to accept the petitioner's application for inclusion of his name in the electoral roll on shifting from Hetanpur, P.O. Madhopur, P.S. Shahpur, Danapur, District Patna (Bihar) to his present address at Kanadih, Ramnagar, P.O. Kauribahiyar, P.S. Muffasil, District Godda (Jharkhand) in terms with Rule 26 of the Registration of Electoral Rules, 1960 (hereinafter to be referred as 'the Rules, 1960'). Further prayer has been made seeking conscionable justice to the petitioner to allow him to shift his name in the electoral roll at the present address before 26th November, 2019 failing which the date of scrutiny by the respondents be extended for a reasonable period and to accept the nomination paper of the petitioner.

(3.) Mr. V. P. Singh, learned senior counsel for the petitioner, submits that the petitioner being one of the candidates of a political party (Rashtriya Janta Dal) in the ensuing election of Jharkhand Legislative Assembly, submitted his nomination paper on 22nd November, 2019 in 19- Koderma Legislative Assembly Constituency (Jharkhand). The said nomination paper of the petitioner was duly accepted by the Returning Officer, Koderma, wherein he had mentioned his name figuring at Sl. No.18 in the electoral roll of 186- Danapur Legislative Assembly Constituency (Bihar). However, on 23rd November, 2019 the petitioner got his name struck off from the voter list maintained in the Danapur Legislative Assembly Constituency by making online application in prescribed format i.e. Form-7 before the Circle Officer, Danapur. On the same day i.e. 23rd November, 2019, the petitioner also submitted his online application in the prescribed format i.e. Form-6 for shifting his name from the electoral roll maintained at Danapur (Bihar) to Godda (Jharkhand).