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2022 DIGILAW 457 (JHR)

Zakir Hussain v. State of Jharkhand

2022-04-18

RAJESH SHANKAR

body2022
JUDGMENT : 1. At the request of learned counsel for the petitioner, the designation of the respondent no.3 is permitted to be corrected as ‘State Election Commissioner, Jharkhand’. 2. The present writ petition has been filed for issuance of direction upon the respondent nos.3 and 4 to consider and take an appropriate decision on the petitioner’s representations dated 29th January, 2022 sent to them on their respective e-mails. 3. Learned counsel for the petitioner submits that the petitioner is permanent resident of Dariapur, 107, Kankjol, Sahibganj-816101 (Jharkhand) and possesses Aadhar No.400972178631. He also possesses voter identity card bearing no.KKV0246863, which was issued on 14th September, 2017, mentioning Assembly Constituency number and name- 5- Pakur; Part number and name- 103-Upgraded Primary School, Dariapur, Bari Masjid Tola and Permanent Account no.BHXPH4092N. It is further submitted that on 1st November, 2021 a voter list of village Panchayat- Dariapur was prepared under Rule 21 of the Jharkhand Panchayat Election Rules, 2001 with respect to Panchayat election in which the petitioner’s name found place at sl. No.310/5/103/114. The respondent authorities published final voter list for Dariapur Panchayat on 5th January, 2022 in terms with Rule 22 of the said Rules, 2001, wherein the petitioner’s name mentioned at sl. no.128 was deleted on the basis of the report of the respondent no.6. The petitioner represented the respondent nos.3 and 4 on 29th January, 2022 on their respective e-mails, however, no decision has been taken on the said representation, which has compelled the petitioner to prefer the present writ petition. It is also submitted that last date of filling up nomination form of ensuing Panchayat election for Dariapur Panchayat is 23rd April, 2022. 4. Learned counsel appearing on behalf of the respondent nos.2 and 3 submits that since the electoral roll has already been prepared on 5th March, 2022 under the provisions of Representation of People Act, 1950, any correction/amendment in the same in an exceptional circumstance can only be made by the concerned Electoral Registration Officer i.e. Additional Collector, Pakur. 5. 4. Learned counsel appearing on behalf of the respondent nos.2 and 3 submits that since the electoral roll has already been prepared on 5th March, 2022 under the provisions of Representation of People Act, 1950, any correction/amendment in the same in an exceptional circumstance can only be made by the concerned Electoral Registration Officer i.e. Additional Collector, Pakur. 5. Having hard learned counsel for the parties and keeping in view the nature of the prayer made in the writ petition and the urgency involved therein, the petitioner is given liberty to prefer a fresh application before the respondent no.4 (who has also been designated as Electoral Registration Officer under the Act, 1950), seeking correction/amendment in the electoral roll prepared under the provisions of the Representation of People Act, 1950. On receipt of the said application, the respondent no.4 shall immediately take up the same and pass appropriate informed order in accordance with law within 48 hours of filing of the said application. 6. The writ petition is disposed of with the aforesaid liberty and direction.