IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6377 of 2011 RAJMAN SAH . Versus THE STATE OF BIHAR & ORS . ----------- 2. 18.04.2011 Heard learned counsel for the petitioner and the State Election Commission. It is submitted that the petitioner filed his nomination for the post of Surpanch in Gram Panchayat Raj Chhapra Bahas (South) P.S.-Sugauli, District-East Champaran. His name figured in the 2010 Assembly Election voters list but was wrongly deleted from the 2011 voter list prepared for the Panchayat Election showing him as dead. It is his assertion that there is no other defect in his nomination. On query he was told that since he was shown as dead in the voter list of 2011, his nomination could not be accepted. Strong reliance is placed on the instruction of the Commission dated 28.2.2011, that those whose names figured in the 2010 electoral list be considered valid for the purpose of 2011, Panchayat Elections. The matter was passed over earlier to enable counsel for the Commission to obtain instruction. Today he produces a letter dated 16.4.2011 bearing No. 3761 from the Secretary of the Commission to the District Magistrate-cum-District Electoral Officer (Panchayat) East 2 Champaran seeking appropriate information of the circumstances in which the nomination of the petitioner came to be rejected to be furnished to the Commission by 20.4.2011. Quite obviously, if the rejection of the nomination was on no other ground and there is already a directive of the Commission in this regard, the petitioner being alive, the question of declaring him dead simply does not arise. It is expected that the Commission shall act with alertness so that the petitioner is not deprived of his statutory rights without authority of law. Let a copy of the letter dated 16.4.2011 be kept on record. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)