Dismissed¶23

Shashi Bhushan Singh v. The Election Commission of India

Patna HC2 Feb 2024CWJC/1672/2024

Case brief

AI extract

What is this about?

Patna High Court CWJC No.1672 of 2024, decided 02-02-2024, dismissed. Polling booth location/restoration; booth Nos. 259 and 260; 123-Hazipur Assembly Constituency; 21-Hazipur (reserved) Parliamentary Constituency; Rajkiya Prathmik Vidyalaya Kuawari Bujurg vs Upgraded Medical School shift after 1983; Hilalpur Panchayat wards 12-14; voter distance 2.5-3.00 km; apprehension of conflicts; fixing of polling station is ECI's exclusive function; judicial non-supervision of booth location; Article 226 extraordinary jurisdiction refused for want of public interest; election matter non-justiciable in writ.

What did the court decide?

Fixing of polling booths is the function of the Election Commission of India, and all conflicting considerations will be considered when a polling booth is fixed. ¶21

Shashi Bhushan Singh Vs The Election Commission of… — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1672 of 2024

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Shashi Bhushan Singh Son of Late Ram Nandan Singh, Resident of villageKuawari Bujurg, Police Station-Ganga Brij Hazipur, District- Vaishali.

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Umesh Rajak, Son of Gajendra Rajak, Resident of village- Kuawari Bujurg, Police Station- Ganga Brij Hazipur, District- Vaishali Ward Member of Ward No.12.

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Sunil Kumar Sah, Son of Late Hari Lal Sah, Resident of village- Kuawari Bujurg, Police Station-Ganga Brij Hazipur, District- Vaishali, Ward Member of Ward No. 13.

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Sunita Devi, Wife of Raj Kishore Singh, Resident of village- Kuawari Bujurg, Police Station-Ganga Brij Hazipur, District- Vaishali, Ward Member of Ward No. 14.

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... ... Petitioner/s

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Versus

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The Election Commission of India through its Principal Secretary, Nirvachan Sadan, Ashoka Road, New Delhi 110001.

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The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

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The Chief Electoral Officer, Govt. of Bihar, 7, Sardar Patel Marg, Mangal Road, Patna-15.

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The Returning Officer-cum-District Magistrate, Vaishali (Hazipur).

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The Sub-Divisional Officer, Vaishali (Hazipur).

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The Block Development Officer- cum- Assistant Returning Officer, Hazipur Block, Vaishali.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Sinha, Advocate For the Respondent/s : Mr. P. K. Shahi, Advocate General Mr. Vikas Kumar, AC to AG For ECT : Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 02-02-2024

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The petitioner is before this court seeking

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Patna High Court CWJC No.1672 of 2024 dt.02-02-2024 2/3

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restoration of polling booth No.259 and 260 of 123, Hazipur Assembly Constituency and 21, Hazipur (reserved) Parliamentary Constituency to Rajkiya Prathmik Vidyalaya, Kuawari Bujurg situated in the Hilalpur Panchayat in Block Hazipur in the district of Hazipur (Vaishali). It is claimed that till 1983 for Ward No.12,13 and 14 of Hilalpur Panchayat, polling booth was at Rajkiya Prathmik Vidyalaya, but after the year 1983, this has been shifted to Upgraded Medical School. One contention is that the present polling booth is at a distance of 2.5 k.m. to 3.00 k.m. from Ward No.12,13 and 14 of Hilalpur Panchayat. It is also stated that there is serious apprehension of conflicts which disables the voter in the said wards from going to the Upgraded Medical School.

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2. Fixing of polling booth is the function of the Election Commission of India and we are sure that all conflicting considerations will be considered when a polling both is fixed. There is no reason to supervise the location of a polling booth by this court. We find no reason to invoke the extraordinary jurisdiction under Article 226 on claims of public interest, which we do not find to be existing.

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Patna High Court CWJC No.1672 of 2024 dt.02-02-2024 3/3

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3. The writ petition would stand dismissed.

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(K. Vinod Chandran, CJ)

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( Rajiv Roy, J)

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sharun/-

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AFR/NAFR CAV DATE Uploading Date 06.02.2024 Transmission Date