Patna High Court - Orders
Sarbani Devi @ Archana Kumari vs The State Election Commission & Ors on 11 May, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5759 of 2014
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Sarbani Devi @ Archana Kumari, W/o Sri Sapan Sikdar, resident of
Village- Parsauni Colony, P.S.-Chautarwa, Anchal- Bagaha-1, District-
West Champaran
.... .... Petitioner/s
Versus
1. The State Election Commission, Bihar, Patna, through its Secretary, son
Bhawan, Patna
2. The State Election Commissioner, Bihar, Patna
3. The District Magistrate-cum-District Election Officer (Panchayat), West
Champaran at Bettiah
4. The Sub Divisional Officer, Bagaha, District- West Champaran
5. The Returning Officer -Cum-Block Development Officer, Bagaha-1,
District- West Champaran
6. The District Panchayat Raj Officer, Bettiah, West Champaran
7. Ashish Kumar Gain, S/o Amal Krishna Gain, resident of Village-
Parsauni Farm, P.S.- Chautarwa, District- West Champaran
.... .... Respondent/s
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Appearance:
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mr. Abbas Haider, SC-16
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 11-05-2015Prima facie this Court is not satisfied with the order impugned.
The default attributed to the petitioner is that she should have disclosed her other name, while filing the nomination for the election to the Panchayat Samiti.
The nomination form present at Form-6 does not require that a candidate should mention his 'aliases' also. In fact no issue as such had been raised against her at the stage of filing of her Patna High Court CWJC No.5759 of 2014 (3) dt.11-05-2015 2 nomination in the present election rather the petitioner had contested the Panchayat election of 2006 on the same name and was elected as Pramukh. In my opinion, even if the petitioner had obtained her educational qualification in the name of Archana Kumari and her name was changed to Sarbani Devi after her marriage which is the name entered in the voter list, there was no infirmity in the petitioner not mentioning her certificate name. Form-6 requires a candidate to mention his/her name as occurring in voter list and carries no alias. Thus even if any such complaint has been raised, once the State Election Commissioner was satisfied that Sarbani Devi and Archana Kumari are the same person, it did require him to go any further. But rather surprisingly the Election Commissioner even while accepting such position, has proceeded to direct for institution of a criminal case against the petitioner. The order is arbitrary and in complete abuse of the statutory jurisdiction. However, since the author of the complaint has not registered appearance hence before this court would proceed to record its final opinion on the issue, let notice be issued to the respondent no. 7 for which requisites under ordinary process as well as registered cover with A/D be filed within one week, failing which this application shall stand rejected without further Patna High Court CWJC No.5759 of 2014 (3) dt.11-05-2015 3 reference to the Bench.
Put up after service of notice / appearance of respondent no. 7 whichever is earlier under the heading 'For orders' for fixing a date of hearing on admission.
(Jyoti Saran, J) S.Sb/-
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