Division Bench held that disputes regarding voter list errors are outside writ court jurisdiction per precedent. Location disputes fall within Commission's Rule 27 powers; writ disposed.
The writ application stood disposed in the terms specified in paragraph 7.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6549 of 2011 ASHOK SINGH . Versus THE STATE ELECTION COMMISSION . -----------
The grievances of the petitioner are two fold. (a) errors in the voter list by wrong addition of names and deletion of others (b) the location of the booth near the house of the Mukhiya contrary to the instructions of the Commission.
In so far as ground (a) is concerned it stands fully covered by a Division Bench judgment reported in 2001 (3) PLJR 667, as outside purview of the writ Court under Article 226 of the Constitution of India. In so far as ground (b) is concerned, counsel for the Commission submits under Rule 27 of the Panchayat Election Rules the Commission has powers to issue appropriate instructions. Instructions have already been issued not to locate booth near the residence of the Mukhiya. On the own showing of the petitioner, the Commission is already in seisin of the matter.
There is no occasion for the Court in exercise of powers under Article 226 of the
2
Constitution for a direction or shifting of the booth. The writ application stands disposed in the aforesaid terms.
P. Kumar
( Navin Sinha, J.)
3 issues framed by the court
Whether the High Court can issue a writ to rectify errors in the voter list or shift a polling booth location.
Whether Rule 27 of the Panchayat Election Rules grants the Commission powers to issue instructions on booth location.
Whether there is an occasion for the Court to direct or shift the booth under Article 226 of the Constitution.
Colour shows how this judgement treated each authority
2001 (3) PLJR 667Referred¶4
2 provisions across 2 enactments
Ashok Singh
The State Election Commission
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
