IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7079 of 2011
KAUSHALYA DEVI @ KAUSHILYA DEVI .
Versus
THE STATE OF BIHAR & ORS .
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02. 25.04.2011 Heard learned counsel for the petitioner, for the
State and for the State Election Commission.
The petitioner is aggrieved by the rejection of her
nomination to contest the Panchayat Elections.
It is submitted that the petitioner is holding the
post of Sarpanch at present. Her name figures in the voters
list prepared for the Assembly Elections 2010, but she has
wrongly been shown as dead in the fresh voters list
prepared for the Panchayat Election 2011. She is alive. The
representation to the Commission has evoked no response.
Learned counsel for the Commission submits
that if petitioner’s name figures in the 2010 Assembly
Election voters list, the Commission has already issued
necessary instructions in that regard for acceptance of the
same. But, if her name is not present in the former list, the
fact that she has wrongly been shown as dead in the 2011
Panchayat Election voters list may not help her cause.
Let the representation of the petitioner stated to
have been submitted before the Secretary of the State
Election Commission, at Annexure-7 be considered and
disposed off in light of the aforesaid discussion with
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promptitude, so that the petitioner is not non-suited from
her right merely by delay in decision making.
The application stands disposed.
P.K ( Navin Sinha, J.)