This order disposed of a writ petition challenging the location of polling booths. The court held that booth location is an executive function where the Commission is the best judge and the instruction was not a statutory command.
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.7785 of 2011 NARESH MANJHI & ORS . Versus THE STATE OF BIHAR & ORS . -----------
The grievance of the petitioner is with regard to the location of booths more particularly in light of an instruction of the Commission dated 7.2.2011 that in such wards where Government/semi Government/public buildings are available, the booth should be located in the
same. The petitioner claims to have represented and desires directions for disposal of his representation relying on certain orders of this Court in C.W.J.C. Nos. 7211 of 2011 and 7214 of 2011.
The location of a polling booth is primarily an executive function for which the Commission is the best judge. The power has to be exercised in accordance with the statutory manner prescribed under Rules 26 and 27 of the Bihar Panchayat Election Rules, 2006. The jurisdiction of the writ Court to interfere with the location of the booth may arise if there are allegations of any statutory violations which is not the case presently. The
2
instruction of the Commission dated 7.2.2011 is not a statutory command so as to found a cause of action in a writ petition. It is only an indication of a desirable course of action for which the Commission is the best judge to decide if it has called for a report as is submitted on behalf of the petitioner.
The statutory provisions of Rules 26 and 27 do not appear to have been placed in the two writ petitions as aforesaid when the directions came to be issued.
The writ application stands disposed.
P. Kumar
( Navin Sinha, J.)
2 issues framed by the court
Whether the locational instruction dated 7.2.2011 by the State Election Commission is a statutory command justifying writ jurisdiction.
Whether the petition can rely on orders in C.W.J.C. Nos. 7211 of 2011 and 7214 of 2011 regarding booth location.
Naresh Manjhi & Ors.
The State of Bihar & Ors.
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
