IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14313 of 2011 Suman Devi W/O Raj Ranjan Prasad R/O Vill. - Gorh Mohani, P.S.- Gogri, Distt.- Kahgaria Versus 1. The State Of Bihar 2. The State Election Commission, Bihar Through Its Secretary, Sone Bhawan, Patna 3. The Secretary Cum Commissioner, State Election Commission, Bihar, Sone Bahwan, Patna 4. The District Magistrate Cum District Returning Officer, Khagaria 5. The Deputy Collector, Land Reforms, Gogri, Khagaria 6. The Block Development Officer, Cum Block Returning Officer, Gogri, Khagaria 7. Usha Devi W/O Late Maheshwar Singh R/O Vill.- Vijay Nagar ( Kharate) P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 8. Asha Devi W/O Arvind Kumar Yadav R/O Vill.- Navodita (Khorate) P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 9. Nutan Devi W/O Shambhu Kumar Yadav R/O Vill.- Novtalia, P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 10. Bandana Niru W/O Naresh Prasad R/O Vill.- Gorh Mohani, P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 11. Binda Devi W/O Upendra Chourasia R/O Vill.- Hari Nagar, P.O.- Gorh Mohani P.S. Gogri, Distt.-Khagaria 12. Mala Devi W/O Kapildeo Sharma R/O Vill.- Kharaha, P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 13. Mira Devi W/O Prakash Chourasia R/O Vill. P.O.- Gorh Mohani, P.S. Gogri, Distt.-Khagaria 14. Rekha Devi W/O Sadanand Singh R/O Vill.- Khoraha, P.O. Gorh Mohani, P.S. Gogri, Distt.-Khagaria 15. Suman Deci-2 W/O Ramesh Kumar R/O Vil.- Khoraha, P.O.- Gorh Mohani P.S. Gogri, Distt.-Khagaria ---------------------------------- 2 13/10/2011. Heard learned counsel for the parties. The petitioner prays for direction to the respondents to declare the result of Mukhia Election, 2011 at Gram Panchayat Raj Uttari Jamalpur Panchayat No.9, Gogri Block, District Khagaria, null and void on the ground that the said election was conducted on the basis of wrong and incorrect voter list. 2 Learned counsel for the petitioner submits that the voter list of Ward No.3, Booth No. 125 contains names of 130 voters, who are also enlisted in another ward of same panchayat. Similar defects also figured in other wards as well. It appears that margin of defeat was by more than 130 votes. Learned counsel appearing for the State Election Commission refers to Section 126 of the Bihar Panchayat Raj Act, 2006 which reads as follows:- 126. Electors of Panchayat.- All such persons who are enrolled as electors in the electoral roll or that part of the rolls of the State Legislative Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchayat shall be electors for concerned Panchayat Elections: Provided that the Sate Election Commission suo motu or on receipt of written representation from on aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the concerned territorial constituency of the Panchayat, as it may deem proper; Provided further that no such change of the electrol roll shall be made after the notification of the date of panchayat election by the Governor under Section 124 of the Act. He further submits that the Bihar Panchayat Raj Act 2006, provides for publication of voters list in four copies to facilitate the interested/aggrieved parties to approach the Electoral officer for rectification of defects in the voter list. He 3 further submits that allegation of the petitioner that all such voters have cast repeated votes is a matter of fact which can only be ascertained after scrutiny of records. Learned counsel for the Commission states that the appropriate remedy for the petitioner is to file an election petition. An election petition, namely, Election petition No. 7 of 2011 has already been filed by one of the defeated candidates, namely, Asha Devi, in which petitioner is also one of the respondents. In the facts and circumstances of the case, I observe that the petitioner is at liberty to file intervention application in Election Petition No. 7 of 2011, if he so chooses. The writ petition thus stands disposed of. Shashi. (Samarendra Pratap Singh,J.)