IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17364 of 2010 Dr.Binod Kumar Singh, S/o Late Dr. Birendra Narayan Singh, R/o Village /Mohalla-Jaipal Patti, P.S.-Town Police Station Madhepura, District- Madhepura. ……. Petitioner. Versus 1. The Election Commission of India through its Secretary, Nirvachan Bhawan, New Delhi. 2. The Chief Election Officer, Bihar Mangles Road, Patna. 3. The District Election Officer-Cum-District Magistrate, Madhepura. 4. The Principal, Parwati Science College, Kirti Nagar, Madhepura. 5. The State of Bihar through the Collector, Madhepura. ………. Respondents. For the petitioner : Mr. Tej Bahadur Singh, Advocate. Mr. J.P.Karn, Advocate. Mr. Shitanshu Shekhar Mishra For the Respondents : Mr. Siddhartha Prasad, Advocate. For the State : Mr. Alok Kumar, AC to SC-12. ----------- 2. 12-10-2010 1. Heard learned counsel for the petitioner, learned counsel for the respondents- Election Commission of India and its authorities and learned counsel for the State of Bihar. 2. This writ petition has been filed by the petitioner for his exemption from election work in the ensuing Assembly Election to be held in Bihar as he has been deputed as Magistrate for the said work vide order dated 20.09.2010 (Annexure-1). 3. Learned counsel for the petitioner submits that he is the Head of Department of English of Parwati Science College, Madhepura and he is heart patient also, which fact is supported by the prescription of Max Heart & Vascular Institute, Delhi (Annexure-2). It is also stated that in the last election also, he was exonerated from election work by the District Election Officer- cum- District Magistrate, Madhepura (Respondent no. 3) when the matter was 2 referred to the said authority by a Bench of this Court vide order dated 18.04.2009 (Annexure-4) passed in C.W.J.C. No. 4534 of 2009. 4. In the aforesaid circumstances, this writ petition 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 the same expeditiously. Till final order is passed by the said authority no election work shall be taken from the petitioner. 5. Let a copy of this order be handed over to Mr. Siddharth Prasad, learned counsel appearing for the State Election Commission of India. Sujit (S.N.Hussain,J.)