ORDER : 1. Learned counsel for the petitioner is permitted to make necessary correction in nomenclature of the respondent no.1 as Election Commission of India, through the Chief Electoral Officer, Jharkhand. 2. The present writ petition has been filed for issuance of direction upon the respondents to accept the petitioner’s application for inclusion of his name in the electoral roll on shifting from Hetanpur, P.O. Madhopur, P.S. Shahpur, Danapur, District Patna (Bihar) to his present address at Kanadih, Ramnagar, P.O. Kauribahiyar, P.S. Muffasil, District Godda (Jharkhand) in terms with Rule 26 of the Registration of Electoral Rules, 1960 (hereinafter to be referred as ‘the Rules, 1960’). Further prayer has been made seeking conscionable justice to the petitioner to allow him to shift his name in the electoral roll at the present address before 26th November, 2019 failing which the date of scrutiny by the respondents be extended for a reasonable period and to accept the nomination paper of the petitioner. 3. Mr. V. P. Singh, learned senior counsel for the petitioner, submits that the petitioner being one of the candidates of a political party (Rashtriya Janta Dal) in the ensuing election of Jharkhand Legislative Assembly, submitted his nomination paper on 22nd November, 2019 in 19- Koderma Legislative Assembly Constituency (Jharkhand). The said nomination paper of the petitioner was duly accepted by the Returning Officer, Koderma, wherein he had mentioned his name figuring at Sl. No.18 in the electoral roll of 186- Danapur Legislative Assembly Constituency (Bihar). However, on 23rd November, 2019 the petitioner got his name struck off from the voter list maintained in the Danapur Legislative Assembly Constituency by making online application in prescribed format i.e. Form-7 before the Circle Officer, Danapur. On the same day i.e. 23rd November, 2019, the petitioner also submitted his online application in the prescribed format i.e. Form-6 for shifting his name from the electoral roll maintained at Danapur (Bihar) to Godda (Jharkhand). 4. Learned senior counsel for the petitioner further submits that since the petitioner made online application for shifting his name from one constituency pertaining to Bihar to another constituency within the State of Jharkhand, the Electoral Registration Officer, Godda should have taken immediate step in that regard. 4. Learned senior counsel for the petitioner further submits that since the petitioner made online application for shifting his name from one constituency pertaining to Bihar to another constituency within the State of Jharkhand, the Electoral Registration Officer, Godda should have taken immediate step in that regard. It is also submitted that as per Section 23 of the Representation of the People Act, 1950 (hereinafter to be referred as ‘the Act, 1950’) read with rule 26 of the Rules, 1960, it is the duty of the Electoral Registration Officer to include the petitioner’s name in the electoral roll maintained in the district of Godda. Learned senior counsel for the petitioner further submits that any application for amendment, transposition or deletion in the entry made in the electoral roll can be made till the last date fixed for making nomination for an election in that constituency. Since the petitioner had made online application before the Electoral Registration Officer, Godda for inclusion of his name in the electoral roll on 23rd November, 2019 and last date for filing nomination paper in the ensuing assembly election was 25th November, 2019, the said authority should have taken immediate step in this regard keeping in view that the petitioner had already submitted his nomination paper before the Returning Officer, Koderma to contest assembly election from Koderma Legislative Assembly Constituency as a candidate of Rashtriya Janta Dal. 5. Per contra, Dr. Ashok Kumar Singh, learned counsel for the respondent no.1, submits that rule 26(3) of the Rules, 1960 provides that the Registration Officer on receipt of application requesting inclusion of name in the electoral roll, is required to get one copy thereof to be posted in some conspicuous place in his office together with a notice inviting objection to such application within a period of seven days from the date of such posting. Since the petitioner made online application on 23rd November, 2019 for inclusion of his name in the electoral roll at Godda, the Electoral Registration Officer, Godda has time till 30th November, 2019 for carrying out the said exercise. In fact, the petitioner himself is to be blamed for the present situation, as he after filing of his nomination paper before the Returning Officer, Koderma realized his mistake and thereafter took step for inclusion of his name in the electoral roll maintained in the district of Godda. In fact, the petitioner himself is to be blamed for the present situation, as he after filing of his nomination paper before the Returning Officer, Koderma realized his mistake and thereafter took step for inclusion of his name in the electoral roll maintained in the district of Godda. The process of assembly election is already going on and the schedule of the said election process is to be followed in terms with the guidelines issued by the Election Commission of India. The petitioner has, thus, failed to make out any case for interference of this Court. 6. Heard learned counsel for the parties and perused the materials available on record. 7. The petitioner has himself stated in the present writ petition that after filing his nomination paper before the Returning Officer, Koderma on 22nd November, 2019, he got his name struck off from the electoral roll maintained in Danapur Assembly Constituency on 23rd November, 2019 by submitting online application Form-7 and thereafter made online application on the same day in Form-6 before the Electoral Registration Officer, Godda for inclusion of his name in the electoral roll maintained in Godda Assembly Constituency. The petitioner has also stated in the writ petition that after filing of the nomination paper, he came to know that he was required to be in the electoral roll maintained in the State of Jharkhand for being a candidate to contest the assembly election. 8. Section 23 of the Act, 1950 provides for inclusion of name of any person in the electoral roll. For better appreciation of the case, the said provision is quoted here under: “23. Inclusion of names in electoral rolls- (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein [after proper verification of facts in such manner as may be prescribed]. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein [after proper verification of facts in such manner as may be prescribed]. Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll [after proper verification of facts in such manner as may be prescribed]. (3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the Parliamentary constituency within which that constituency is comprised and before the completion of that election.” 9. Sub-section (2) of section 23 of the Act, 1950 provides that Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein after proper verification of facts in such manner as may be prescribed. 10. Rule 26 of the Rules, 1960 prescribes for correction of entries and inclusion of names in the electoral rolls, which is quoted here under: “26. Correction of entries and inclusion of names in electoral rolls- (1) Every application under section 22 or sub-section (1) of section 23 shall be made in duplicate in such one of the Forms [6, 6-A, 7, 8 and 8-A] as may be appropriate. Provided that the statements in forms 2, 2-A and 3, from persons having service qualifications, received after the final publication of the electoral roll shall be deemed to be the applications under sections 22 and 23. (1-A) Every such application as is referred to in sub-rule (1) shall be presented to the registration officer in such manner as the Election Commission may direct. (3) The registration officer shall, immediately on receipt of such application, direct that one copy thereof be posted in some conspicuous place in his office together with a notice inviting objections to such application within a period of seven days from the date of such posting. (3) The registration officer shall, immediately on receipt of such application, direct that one copy thereof be posted in some conspicuous place in his office together with a notice inviting objections to such application within a period of seven days from the date of such posting. (4) The registration officer shall, as soon as may be after the expiry of the period specified in sub-rule (3), consider the application and objections thereto, if any, received by him and shall, if satisfied, direct the inclusion, deletion, correction or transposition of entries in the roll, as may be necessary: Provided that when an application is rejected by the registration officer, he shall record in writing a brief statement of his reasons for such rejections.” 11. On perusal of sub-rule (3) of Rule 26, it would be evident that the Registration Officer is required to take immediate step on receipt of such application from a person and to get one copy thereof to be posted in some conspicuous place in his office together with a notice inviting objection to such application within a period of seven days from the date of such posting. Since the petitioner has made online application on 23rd November, 2019 for inclusion of his name in the electoral roll maintained in Godda, the Electoral Registration Officer is required to take steps in terms with the provisions of sub-rule (3) of Rule 26 of the Rules, 1960 within a period of seven days i.e. till 30th November, 2019, which has not yet reached. 12. Thus, in my opinion, the petitioner has approached this Court at a premature stage, as the time prescribed for dealing with the application for inclusion of his name in the electoral roll maintained in Godda district has not yet expired for which the Electoral Registration Officer is otherwise duty bound to take suitable steps in terms with Section 23 of the Act, 1950 read with Rule 26 of the Rules, 1960. 13. Hence, no writ of mandamus as prayed by the petitioner in the present writ petition can be issued. 14. The writ petition is, accordingly, dismissed. I.A. No.10922 of 2019: Mr. V. P. Singh, learned senior counsel for the petitioner, on instruction, does not press this interlocutory application with liberty to take appropriate recourse as provided under the law. I.A. No.10922 of 2019 is, accordingly, rejected as not pressed with the aforesaid liberty.