The High Court of Patna disposed of a writ petition challenging the rejection of nomination due to a name error in the voters' list. The court held that the petitioner failed to alert authorities in time and refused interference with the ongoing election process.
The writ application stands disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6263 of 2011 NITYANAND RAM @ NITYANAND SAROJ . Versus THE STATE OF BIHAR & ORS . -----------
2/ 11/04/2011
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner’s name figured in the Assembly Elections Voters’ List of 2010. In the year-2011 Voters’ List prepared for the Zila Parishad Election his photograph figures in the voters’ list but the name correspondingly written is that of another. The petitioner filed his nomination dated 23.3.2011 which
has been rejected on the ground that he was not a voter in the constituency.
Learned counsel for the State Election
Commission submits that the voters’ list has been finalized before and elections notified on 21.2.2011. The petitioner should have been more alert if he was serious about contesting for the post of Member of the Zila Parishad and should have invited the attention of the authorities in time. Scrutiny of nomination papers may have been over by now and ballot papers may have been sent for printing. It may not be possible to interfere and take any corrective steps at this stage.
The Court upholds the objection on behalf of
2
the Commission. If the petitioner was serious about contesting elections he should have been more alert and vigilant for protection of his own rights and should have moved the authorities well in time. The Court therefore finds it difficult to interfere in writ jurisdiction with the election process.
The writ application stands disposed.
KC
( Navin Sinha, J.)
1 issue framed by the court
Whether the Court can interfere in the election process when the petitioner's name was incorrectly written in the voters' list.
1 provisions across 1 enactments
Nityanand Ram @ Nityanand Saroj
The State of Bihar & Ors
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
