IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8166 of 2011 Arbind Kumar Sharma son of Sri Shatrughan Sharma, resident of village Baruna, P.S. Rafiganj, district Aurangabad .. Petitioner Versus 1. The State Of Bihar 2. Secretary, Department Panchayati Raj, Government of Bihar, Patna 3. Director, Panchayati, Raj, Bihar, Patna 4. District Magistrate, Aurangabad 5. Block Development Officer, Rafiganj, district Aurangabad 6. Bihar Rajya Nirvachan Ayog through its Secretary, Son Bhawan, Bir Chand Patel Marg, Patna 7. Election Commission, Bihar Rajya Nirvachan Ayog, Son Bhawan, Bir Chand Patel Marg, Patna … … Respondents ----------- For the Petitioner :M/s Ajay Kumar Thakur & Ravi Ranjan, Advocates For the State Election Commission :M/s R.S. Pradhan, Sr. Advocate & Sanjeev Nikesh, Advocate For the State :Mr. Shashi Bhushan Kumar, S.C.7 02/ 06.05.2011 Heard learned counsel for the petitioner, the State and the State Election Commission. 2. Petitioner is the resident of village Baruna, which is within Sihuli Gram Panchayat. This writ petition has been filed praying, inter alia, to relocate Booth No. 216 established for the aforesaid Sihuli Gram Panchayat Election 2011 in the New Building of the Up-graded Middle School, Baruna. In this connection, it is pointed out, with reference to Annexure-1, which is photocopy of Form-4, that the aforesaid Booth No. 216 was earlier located in the New Building of Up-graded Middle School, 2 Baruna, but with a view to deprive the resident of village Baruna from voting in the Gram Panchayat Election, 2011, Booth No. 216 has been shifted to the Up-graded Middle School, Karuna vide Form-2 dated 11.4.2011, copy whereof is contained in Annexure-2 to this application. In this connection, it is further pointed out that there is no Up-graded Middle School in village Karuna, as such, it will be difficult for the resident of village Baruna to vote in the Gram Panchayat Election, 2011. 3. Having appreciated the aforesaid submission, this Court asked the counsel for the State Election Commission to seek telephonic instruction from the Secretary of the State Election Commission as to why the change of Booth No. 216 from Up-graded Middle School, Baruna to Up-graded Middle School, Karuna has been approved by the State Election Commission. 4. Having taken telephonic instruction, learned counsel for the State Election Commission has submitted that the change of Booth No. 216 from Up-graded Middle School, Baruna to Up-graded Middle School, Karuna has been approved in the light of the proposal and report of the Collector, Aurangabad. 3 5. From proviso to Rule 27 of the Bihar Panchayat Election Rules, 2006, it is quite evident that the State Election Commission has the power to shift the booth from one place to another. As the shifting of the Booth from Up-graded Middle School, Baruna to Up- graded Middle School, Karuna has been done with the approval of the State Election Commission, I am not inclined to proceed any further with this writ petition as the date of poll is scheduled for 9.5.2011. 6. In case petitioner and other residents of village Baruna are deprived from voting in the Gram Panchayat Election, 2011 on account of shifting of the booth from Up-graded Middle School, Baruna to Up- graded Middle School, Karuna, they shall be entitled for filing election petition impugning the election of the returned candidate. Arjun/ ( V. N. Sinha, J.)