Patna High Court - Orders
Braj Kishore Yadav vs The State Election Commission on 6 April, 2012
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5498 of 2012
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Braj Kishore Yadav
.... .... Petitioner/s
Versus
The State Election Commission
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Respondent/s : Mr. Manikant Mishra Gp25
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
2 06-04-2012Heard Counsel for the petitioner and the State Election Commission.
The petitioner is aggrieved by Annexures 4 and 5. Annexure-4 is a letter dated 13.02.2012 issued by the State Election Commission wherein it has been stated that there was disturbance during the Mukhiya Elections at Booth Nos. 51, 52, 53 and 55 for which an First Information Report has also been instituted. The State Election Commission had stayed the counting of the votes. By annexure-5 dated 02.03.2012, the State Election Commission after considering the report of the Divisional Commissioner, Darbhanga and the D.I.G. of Police, Darbhanga has fixed 08.04.2012 as the date of election.
The main apprehension of the petitioner, is that the persons who have been made accused in Bahera Police Station Case No. 36 of 2012 would not be in a position to cast their 2 Patna High Court CWJC No.5498 of 2012 (2) dt.06-04-2012 2/2 votes in view of the fact that there is a criminal case pending against them and if they go to cast their votes, they would be taken into custody.
Considering this aspect, this Court directs that the petitioner and the other accused members mentioned in the First Information Report or who have been subsequently made accused in the criminal case would not be arrested in connection with Bahera Police Station Case No. 36 of 2012 in order to ensure that they get an opportunity to cast their votes.
I may clarify here that this Court is not passing a blanket order staying the arrest of the aforesaid persons. If these persons are caught indulging in the criminal activities on the date of polling, obviously, appropriate steps would be taken against them.
List this case after two weeks in the same position in order to enable the Counsel appearing on behalf of the State Election Commission to take instructions in this matter and file counter affidavit.
(Sheema Ali Khan, J) Prabhakar Anand/-