IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6983 of 2011 BHAGWAN SHARMA @ BHAGWAN SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 02. 29.04.2011 Heard learned counsel for the petitioner and for the State Election Commission. The grievance is that the District Magistrate, Arwal is flouting the statutory directions of the State Election Commission issued under Rule 26 and 27 of the Bihar Panchayat Election Rules, 2006 with regard to the location of the polling booth. The location of a polling booth is primarily an executive function to be examined in accordance with the statutory discretion of the State Election Commission under Rules 26 and 27 of the Bihar Panchayat Election Rules 2006. If it has issued any directions in exercise of statutory powers, the same are required to be complied with by the concerned authority upon the pain of appropriate action for alleged violation of the same. The elections are scheduled to be held on 30.4.2011 at the Khabhaini Gram Panchayat. No useful purpose will be served by calling upon the State Election Commission to file its response to the allegation. The application is disposed with the observation that the State Election Commission is expected to examine 2 if its guidelines and directions for location of polling booths have been violated and, if it so satisfied, the Court expects that the State Election Commission shall take appropriate action in accordance with law not only to retain purity in election, but to ensure the people’s confidence. The application stands disposed. P.K ( Navin Sinha, J.)