IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7564 of 2011 ARUN KUMAR PANDEY & ANR . Versus THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER (PANCHAYAT), EAST CHAPARAN, MOTIHARI AND. ANR. ----------- 2. 02.05.2011 Heard learned counsel for the petitioners and the State. It is submitted that on a representation the State Election Commission itself had sought a report with regard to the polling booth in Gram Panchayat Raj Dumra, at Middle School, Dumra Ward Nos. 5 and 6, Booth Nos. 138 and 139 from the District Magistrate-cum- District Election Officer at East Champaran, Motihari. The report has been submitted on 13.4.2011 but on the same date the State Election Commission has issued a general direction that no more requests for re-location of booth shall be entertained unless there were orders of any competent Court. Learned counsel for the petitioners submits that the ultimate statutory authority for location of the booth rests in the State Election Commission under Rule 27 of the Bihar Panchayat Election Rules, 2006. If on a representation the Commission satisfied had call for a report from the 2 District Electoral Officer, the State Election Commission cannot itself contend that it passes futile orders. Counsel for the State Election Commission rightly submits from Rules 26 and 27 that it is the ultimate discretion of the State Election Commission and the recommendations of the District Electoral Officer are not binding on him but the position is not vice versa, even if the State Election Commission had called for a report. Let the Commission take an appropriate statutory decision in the matter expeditiously to its satisfaction keeping in mind the purpose for which the report has been called for. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)