IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16093 of 2008 1. KAMALESHWARI PRASAD SINGH , son of late Banarasi Prasad 2.Jitendra Kumar Yadav, son of late Khelan Yadav both of village Pipariya. 3.Gyan Chandra Rai, son of late Shital Rai 4.Madan Tanti, son of late Nanka Tanti 5.Prahlad Yadav, son of Sri Amrit Yadav Petitioners No. 3 to 5 of village Pipariya Diara. 6.Anil Rai, son of Bal Kishun Rai of village pipariya Karari All the petitioners are under Police Station Pipariya, Dist.Lakhisarai-----------petitioners Versus 1.THE CHIEF ELECTION COMMISSIONER, Nirvachan Bhawan New Delhi 2.The Chief Electoral Officer, State of Bihar, Old Secretariat, Patna 3.The District Magistrate, Lakhisarai 4.The Nirvachak Nibandhan Padadhikari,Bihar, Old Secretariat,Patna----------------respondents ----------- For the petitioners :M/S Basant Choudhary,Sr.Advocate Gouranga Chatterjee,Advocate For the State :Mr.Advocate General Mr.Prahalad kr.Bhagat,AC to AAG 5 Mr.Y.P.Sinha, AAG 5 For Election Commission:Mr.J.P.Karn. ----- 4. 5.3.2009 Heard learned counsel for the petitioners and learned Advocate General for the State. The petitioners seek quashing of the decision of the respondent District Magistrate of which final publication took place on 2.2.2008, by which the voters of Pipariya Panchayat of Booth Nos. 75, 76, 77, 78 and 79 (new) corresponding to Booth Nos. 82, 83, 84 and 88(old) falling in 167(new) 169(old) Assembly 2 Constituency, Suryagarha have been attached to 168(new) and 172(old) Lakhisarai Assembly Constituency against the express provision of the Gazette Notification dated 17.8.2007 issued by the Delimitation Commission. Learned Advocate General appearing for the State submits that the said decision is appealable under the provisions of Rule 23 of the Registration of Electors Rules, 1960 and the petitioners have, as a matter of fact, filed their representations against the draft publication dated 4.8.2008 of the said decision before the respondents Nos.1,2 and 3. In the aforesaid circumstances, the writ application is disposed of with a direction to the competent appellate authority to consider the representations of the petitioners as appeal under Rule 23 of the Registration of Electors Rules, 1960 and dispose of the same expeditiously within a period of four weeks from the conclusion of the Parliamentary Election, 2009. Respondent no.2 is directed to transmit the representations of the petitioners to the appellate authority within a period of two weeks 3 from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) spal/