IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.438 of 2010 1. SANJIV KUMAR MISHRA S/O SRI UDAYBHAN MISHRA R/O VILL CHANDRAHA,P.S.BATHUWARIA, DISTT-WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE CUM ELECTION OFFICER (COOPERATIVE SOCIETIES) DISTT- WEST CHAMPARAN(BETTIAH) 3. THE ADDITIONAL COLLECTOR CUM NODAL OFFICER (FOR PACS SELECTION) DISTT-WEST CHAMPARAN(BETTIAH) 4. THE BLOCK DEVELOPMENT OFFICER CUM RETURNING OFFICER (FOR PACS- CHADRAHA RUPWALIA, PS.BAGAHA, BLOCK BAGAHA-I, DISTT-WEST CHAMPARAN(BETTIAH) 5. THE BLOCK COOPERATIVE OFFICER BLOCK-BAGAHA I, DISTT-WEST CHAMPARAN 6. SUDAMA YADAV S/O SHRI BHAGWAT YADAV AT PRESENT CHAIRMAN (ELECTED), PACS CHANDRAHA RUPWALIA,R/O VILL CHANDRAHA, P.S.BATHUWARIA, DISTT-WEST CHAMPARAN 7. THE BIHAR STATE ELECTION TRIBUNAL THROUGH THE CHIEF ELECTION OFFICER, PATNA ----------- 2/ 07/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. In view of the nature of the order to be passed, there is no need to issue notice to Respondent No.6 as he shall have adequate opportunity to defend himself in the election petition proposed to be filed on behalf of the petitioner. The relief prayed for is to set aside the election for the post of Chairman of the Chandraha Rupwalia PACS under Bagaha Block, District- West Champaran held on 16.10.2009. Learned counsel for the petitioner submits that his name figured in the voters list on basis of which he filed his nomination. Days before the actual election, not only his name but that of many others was found to be missing from the voters list. Presumably, his nomination had been accepted yet he was unable to contest elections for the aforesaid 2 reason. The administrative illegalities/irregularities in preparation of the voters list is one aspect of the matter and whether a defective voters list will affect elections is another aspect of the matter. The former may be amenable to administrative and disciplinary action. The latter shall be amenable only to an election petition. The Court therefore finds it difficult to grant the relief sought for setting aside the election. If so advised, the petitioner may file an election petition which is then required to be considered and disposed off within a maximum period of one year from the date of presentation and/or institution of such election petition, in accordance with law. The question of limitation is left open for discussion and consideration by the election authorities in accordance with law. Needless to state that if the results were declared on 18.10.2009 and the institution of the writ application on 21.12.2009 was within the period of limitation for preferring an election petition, any delay now in filing of the election petition shall have to be considered in accordance with the law discussed in (1996) 6 SCC 199 (Danda Rajeshwari v. Bodavula Hanumayamma). 3 Insofar as the allegations of administrative lapses are concerned, the District Magistrate-cum- Election Officer West Champarna, for the PACS elections, is directed to hold an administrative enquiry, give due opportunity to the petitioner also and then record a reasoned and speaking order. If he is satisfied that there were administrative lapses committed, he is required to proceed administratively in his disciplinary powers against those concerned, all to be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. KC ( Navin Sinha, J.)