IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17210 of 2007 REENA DEVI WIFE OF CHANESHWAR PRASAD, RESIDENT OF VILLAGE AND P.O. GARHANI, P.S. CHARPOKHARI, DISTT. BHOJPUR. Versus 1. THE STATE OF BIHAR 2. THE STATE ELECTION COMMISSIONER, PANCHAYAT BIRCHAND PATEL PATH, SONE BHAWAN, THIRD FLOOR, PATNA. 3. DISTRICT MAGISTRATE, BHOJPUR. 4. BLOCK DEVELOPMENT OFFICER, GARHANI, BHOJPUR. 5. CIRCLE OFFICER, GARHANI, BHOJPUR. 6. SURESH PASWAN SON OF LATE PRIT PASWAN. 7. VIKRAMA SINGH SON OF RAJ KUMAR SINGH. 8. SANTU KUMAR SINGH SON OF VIJAY BAHADUR SINGH. No. 6 to 8 ARE RESIDENT OF VILLAGE, P.O. BALIGAWAN, P.S. AYER, ANCHAL GARHANI, DISTRICT BHOJPUR. 9. SAZAD HAIDAR SON OF 10. SHRAZ ALI SON OF ALI IMAM, BOTH 9 AND 10 ARE RESIDENT OF VILLAGE, P.O. GARHANI, P.S. CHARPOKHARI, ANCHAL GARHANI, DISTRICT BHOJPUR. 11. SATYENDRA BHARATI, SON OF GANESH BHARATI 12. SHAMBHU BHARATI SON OF BAIL NATH BHARATI, BOTH 11 AND 12 ARE RESIDENT OF VILLAGE MORASIA, P.O. AYER, ANCHAL GARHANI, DISTRICT BHOJPUR. ----------- 7/ 14-10-2009 Heard learned counsel for the petitioner and the learned counsel for the State. Shorn of all other details of the dispute, which have been raised in the writ application, the primary reason for interference of this Court is that it is apparent from perusal of order dated 05.11.2007 that the next date fixed for hearing of the case was 20th November, 2007 and from the original record it is evident that no proceeding was conducted after 20th November, 2007. However, order dated 23.11.2007 has been passed. - 2 - Counsel for the petitioner submits that this is an ex-parte order and on 05.11.2007 a prayer had been made on behalf of the petitioner that a power will be filed and submissions will be made on the next date but on the next date no hearing could take place but order has been passed on 23.11.2007 and no opportunity of hearing has been given to the petitioner while passing the said order. Considering the above submission, the impugned order dated 23.11.2007, as contained in Annexure-4, is quashed. The matter is remanded back to the State Election Commissioner with a view that he will hear the parties regarding their dispute afresh and thereafter pass an appropriate order. Let it be recorded that the first date for appearance of the parties before the State Election Commissioner would be on 11.11.2009 at 12 noon. It will be open to the State Election Commissioner to fix a date thereafter. With the aforesaid direction, this writ application is disposed of. ( Ajay Kumar Tripathi, J ) BTiwary/