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2012 DIGILAW 172 (PAT)

Phuljhari Devi @ Phulpari Devi v. State of Bihar

2012-01-27

V.N.SINHA

body2012
ORAL ORDER Heard learned counsel for the petitioner, the State of Bihar, Election commission of India and the Insurance Company. 2. Petitioner is the widow of late Indradeo Singh, who at the relevant time served as Fitter in Public Health Engineering Sub-Division, Sheikhpura and was deputed to conduct Vidhan Sabha Election, 2000 as Second Officer at polling booth no.177 located in Primary School, Debshabigha in Sheikhpura District. Her husband died on 17.2.2000 at 5.30 A.M. in the aforesaid polling booth no.177 just one and half hours before the poll. After the death of the husband of the petitioner information about his death during the period he was deputed to conduct election duty was communicated to the District Magistrate, Sheikhpura as also to the Chief Election Officer. Having received information about the death of the husband of the petitioner the Chief Election Officer and the District Magistrate, Sheikhpura both pursued the claim of the husband of the petitioner with the Insurance Company under letter no.2749 dated 13.9.2000 and letter no.37 dated 22.10.2001 but the claim was rejected by the Insurance Company under order dated 5.2.2002, Annexure-A to the counter affidavit of the Company. Perusal of the rejection order dated 5.2.2002 indicates that the claim was rejected on the ground that there was nothing to indicate that late Indradeo Singh died while performing election duty solely and directly from accident caused by external violence or any other visible means as neither FIR was lodged nor post mortem was conducted on his dead body. 3. Perusal of the rejection order dated 5.2.2002 indicates that the claim was rejected on the ground that there was nothing to indicate that late Indradeo Singh died while performing election duty solely and directly from accident caused by external violence or any other visible means as neither FIR was lodged nor post mortem was conducted on his dead body. 3. Learned counsel for the petitioner submitted that husband of the petitioner was deputed to conduct Vidhan Sabha Election, 2000 on 17.2.2000 as Second Officer at polling booth no.177 located in Primary School, Debshabigha and for conducting the poll arrived at the school premises during the evening of 16.2.2000 and was under pressure to conduct the poll in peaceful and fair manner, which is very arduous task, specially in the atmosphere which then prevailed in the State of Bihar already noticed by this court in the case of Kamlawati Devi vs. State of Bihar & Ors., reported in 2002(3) PLJR 450 duly approved by the Division Bench in the case of The Branch Manager, United India Insurance Company Ltd., Biharsharif at Nalanda vs. The State of Bihar & Ors., reported in 2003(2) PLJR 591 that it is not uncommon in this State that threats are extended to the members of the polling party for illegal casting of votes (booth capturing) and to avoid such illegal casting of votes the officers deputed to conduct election are under great pressure and at times even loose their life. The case in hand is one such case in which the officer lost his life just few hours prior to the beginning of the poll, which is confirmed by the District Magistrate as also of the Chief Election Officer. In my opinion, therefore, there is no difficulty to conclude that the death of the husband of the petitioner just few hours before the beginning of the poll was on account of pressure mounted on him to conduct peaceful and fair poll and accordingly, I quash order dated 5.2.2002, Annexure-A passed by the Branch Manager of the Insurance Company repudiating the claim of the petitioner for payment of insured amount and hold that the case of the petitioner is covered by the insurance policy, for which Memorandum Of Understanding, Annexure-A to the counter affidavit of respondent no.4 was signed between the Chief Electoral Officer, Bihar and the functionaries of the Insurance Company. Accordingly, I direct that the Insurance Company should pay the petitioner not only the amount under the policy but also interest @ 9 % per annum from the date of death till the date of payment as early as possible, in any case within two months from the date of receipt/production of a copy of this order before respondent no.3. 4. The writ petition is, accordingly, allowed.