IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4534 of 2009 DR.BINOD KUMAR SINGH Versus THE ELECTION COMMISSION OF IND ----------- For the petitioner: Mr. Janardan Prasad Singh, Advocate Mrs. Manisha Singh,Advoate For Election Commission: Mr. J.P. Karn,Advocate For the State: Mr. Prashant Pratap,A.C. to G.A.9 --- 4. 18.4.2009 The petitioner, who is a lecturer in an affiliated college, seeks quashing of the order dated 28.3.2009 ( Annexure-2), by which he has been appointed to discharge duty as a Magistrate during the ensuing Lok Sabha elections. Learned counsel for the petitioner does not challenge the jurisdiction of the District Election Officer –cum District Magistrate, Madhepura to pass an order making such an appointment. The grievance of the petitioner is that he has been heart patient for nearly three years and has been under-going treatment from time to time at Max Heart and Vascular Institute, New Delhi, for which he has enclosed the prescription dated 16.6.2008 ( Annexure-3). It is further submitted by learned counsel that on 2.4.2009, a representation was filed by the petitioner before the District Election Officer-cum- District Magistrate, Madhepura praying for exemption from election duty on account of such Cardiac problem, but the same has not yet been disposed of. In the above circumstances, the writ application is disposed of with a direction to the District Election Officer-cum- District Magistrate, Madhepura (respondent No.3) to forthwith consider the representation of the petitioner for exemption from election duty on account of his medical problem in accordance with law and dispose of 2 the same on or before 25.4.2009. Let a copy of this order be handed over to Mr. J.P. Karn, learned Senior Counsel for the Election Commission of India. VPS ( Ramesh Kumar Datta,J.)