IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5968 of 2011 THAKUR PRATAP SINGH . Versus THE STATE OF BIHAR & ORS . For the Petitioner:- Mr. Suresh Prasad Singh No.1, Advocate For the Election Commission:- Mr. R.S. Pradhan, Sr. Advocate & Mr. Sanjeev Nikesh, Advocate ----------- 02. 11.04.2011 Heard learned counsel for the petitioner and for the State Election Commission. The petitioner is aggrieved by the order dated 14.3.2011 of the Secretary State Election Commission by which his name has been directed to be deleted from the supplementary voters list of Village- Pipra, Ward No. 4 in Raghunathpur Block. Learned counsel for the petitioner submits that earlier his name figured in the Gram Panchayat Raj, Kachnar for the 2010 Assembly Election voters list. He made a formal request for deletion of his name from the latter constituency and to be added in the former constituency. His name was then added in the supplementary voters list of the former. It has been deleted without information and knowledge and no formal orders rejecting nomination has been communicated to the petitioner. The petitioner is wrongly blamed in the impugned order for having manipulated events with directions to lodge First Information Report. Whatever 2 enquiry the respondents made, the petitioner was not associated with the same. He has had no opportunity to defend himself that he had nothing to do with the supplementary voters list. Learned counsel for the State Election Commission submits from a letter dated 10.3.2010 from the District Magistrate-cum- District Electorate Officer, Panchayat, Siwan, addressed to the State Election Commission that during the enquiry the petitioner was associated. Learned counsel for the petitioner specifically denies the same. Since the State Election Commission has not brought the aforesaid letter on record, it shall not be proper for the Court to rely upon the said communication without adequate opportunity to the petitioner to arrive at and or form any opinion on the basis of the same. Prima facie preparation of the voters list, deletion of names, addition of names in the supplementary voters list etc. are official acts. The duty and responsibility rests with the officials to carry out the necessary correction and or addition. If a wrong addition or correction has been made, the answerability shall first lie with those who made the addition and or correction. If the person concerned is alleged to have manipulated events in his favour through the official concerned, then quite naturally such person has to be given an adequate opportunity to defend himself 3 before he could be indicted and subjected to any coercive measures. The rejection of the nomination of the petitioner on that ground and the contention on his behalf that the name figuring in the two voters list was per se no bar to filing of nomination are matters which are more appropriately be decided in an election petition. The writ application stands disposed in the aforesaid terms. P.K ( Navin Sinha, J.)