IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7990 of 2011 ANIL SHUKLA & ORS . Versus THE STATE ELECTION COMMISSION & ORS. ----------- For the Petitioner:- Mr. S.B. K. Manglam, Adv. M/s. Anita Kumari, Adv. For the State Election Commission :- Mr. R.S. Pradhan, Sr. Adv. Mr. S. Nikesh, Adv. -------------- 2. 09.05.2011 Heard learned counsel for the petitioners and the State Election Commission. The petitioners are stated to be residents of Gram Panchayat Raj, Singhara South, District- Vaishali at Hajipur. They are aggrieved by the failure of the State Election Commission to direct re-poll at Booth Nos. 230, 231 and 232. It is submitted that on 24.4.2011, the scheduled date, there were violent disturbances at the polling booth vitiating the poll process. The Presiding Officer has lodged Mahua P.S. Case Nos. 160 of 2011 and 161 of 2011 on 24.4.2011 itself. The Sub Divisional Officer ordered stoppage of poll. The returning officer did not send timely intimation to the Commission. It was left to the petitioners to represent before the Commission which they did on 25.4.2011. Counsel for the Commission produces a Xerox copy of the communication dated 6.5.2011 addressed to the District Magistrate-cum-District Election Officer that 2 the Commission was already seized of the matter and sought necessary report. The submission is that after receipt of the report the Commission shall act in accordance with law. The attention of the Court has been drawn by the petitioners to Rule71 of the Bihar Panchayat Election Rules, 2006 dealing with the issue of re-poll on the satisfaction of the Commission. Prime facie, if the Presiding Officer of a polling booth has himself lodged a First Information Report on the date of the poll itself, it is indicative of certain alleged untoward incidents having taken place. Thereafter, it becomes an obligation of the Commission to examine matter appropriately and act in accordance with law. The Commission is already seized of the matter. It is directed that such appropriate decision must be taken by the Commission expeditiously at an early date so as not to leave the petitioners remediless even if their allegations are found correct. Let a Xerox copy of the letter dated 6.5.2011 be kept on record. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)