High Court Patna High Court - Orders

Geeta Devi vs The State Of Bihar &Amp; Ors on 26 April, 2011

Patna High Court – Orders
Geeta Devi vs The State Of Bihar &Amp; Ors on 26 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.6698 of 2011
                                    GEETA DEVI .
                                        Versus
                            THE STATE OF BIHAR & ORS .
                                      -----------

2. 26.04.2011 Heard learned counsel for the petitioner and for

the State Election Commission.

Learned counsel for the petitioner submits that

her nomination for the post of Sarpanch from the

Noorchak Panchayat in Bisfi Block, District-Madhubani

was found to be valid on scrutiny and her name figured in

Form-7 published on 15.3.2011. Having learnt that

thereafter instead of allotting an election symbol to her and

publishing her name also in Form-9 to the contrary, her

name has been removed from the category of valid

nomination. The petitioner has represented to the State

Election Commission which has given appropriate

directions in the matter on 28.3.2011, notwithstanding

which no developments had taken place preventing her

from contesting election which are to be held on 30.4.2011.

Reliance is placed on a Bench decision reported in 2001(1)

PLJR 815 (Vijay Kumar Verma Vs. State of Bihar).

Counsel for the Commission prays for time to

seek instructions. The Court does not consider the same

necessary at this stage.

The order of the Commission dated 28.3.2011
2

addressed to the District Magistrate-cum-District Electoral

Officer (Panchayat), Madhubani notices explicitly the

grievance of the petitioner. It then directs for an enquiry

that if her name had been published in Form-7, why was it

not published in Form-9. Whether as alleged her

nomination papers have been made intentionally to

disappear. If her allegations are found to be correct, her

name may be added in Form-9 and an election symbol

allotted to her.

In the case of Vijay Kumar Verma (supra), a

finding of fact was arrived at that the returning officer had

acted arbitrarily in rejecting the nomination leading to

punishment imposed on him also. The State Election

Commission had expressed its difficulty to restore the

nomination of the petitioner notwithstanding the fact that

the nomination was rejected on false and baseless ground

confirmed in enquiry. It was in that factual background

that the directions came to be given. The judgment relied

upon may or may not have application depending on the

factual outcome of the enquiry directed by the State

Election Commission.

To this Court, the order of the Commission dated

28.2.2011 is complete in itself in all respects. The orders

of the Commission are made to be complied with by

subordinates and implemented by the Commission itself.
3

The writ petition is disposed with direction to the

Commission to ensure that its order dated 28.3.2011 is

forthwith complied in accordance with law so that

circumstances warranting, the petitioner is not left without

a remedy based on the allegations made by her keeping in

mind that the elections are to be held on 30.4.2011.

The writ application stands disposed.

P. Kumar                                   ( Navin Sinha, J.)