IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10302 of 2006 MANOJ KUMAR SHARMA, son of Sri. Rajendra Prasad Sharma, resident of 0/72, Doctor’s Colony, P.S.-Kankarbagh, District-Patna, at present resident of C/o-Family Guest House, New Market, P.S.-Kotwali, District- Patna. ……..Petitioner Versus 1. The State Of Bihar through Deputy Chief Election Officer-cum-Deputy Secretary to the Govt, Cabinet(Election)Department, Bihar, Patna. 2. District Magistrate-cum-District Election Officer, Patna. 3. District Magistrate-cum-District Election Officer, Katihar. 4. District Magistrate-cum-District Election Officer, Araria. 5. District Magistrate-cum-District Election Officer, Saran at Chapra. ………Respondents. ----------- 02. 11.05.2009 This is another of those cases in which public service commercial vehicle was seized for election purposes four years back, but accounts are yet to be settled. On one pretext or the other payments are not been made. Respondent District authorities are first not “interested enough” in the matter. When the matter comes to this Court, one by one they start waking up. Petitioner’s vehicle was requisitioned for assembly election on 01.10.2005 from Patna and handed over to C.I.S.F. It was ultimately released by C.I.S.F. on 24.11.2005. Thus the vehicle of petitioner being Bus No. BR-1P-7916 remained with C.I.S.F. for fifty five days at a stretch. C.I.S.F. officials moved the bus from District to District in the process as duly certified by them. The Log Book of Patna District in respect of this 2 vehicle was misplaced at Katihar by officials there. Petitioner is now asked to lay his claim for releasing payments before each District separately and pursue payment matter with each District authority separately which in this case is District of Patna, Katihar, Araria and Chapra without realizing the difficulties of petitioner in following up the matter in four Districts for the payment matter. It is four years since a paultry amount of payments made. The substantial amounts are yet to be made allegedly pending verifications. One does not have to speculate the amount that the petitioner has spent and is spending to secure the payment as part of his traveling, staying expenses at different station at different time and other expenses which this Court can not discuss. Yet authorities are still to get hold of the facts. The system has to be evolved to make the entire system more transparent responsive and corruption free. It is high time the State authorities put their heads together in constructive manner to find a solution. It is shame that for four years accounts could not be settled and unless something positive is done, history would only repeat itself in respect of payments in the present election again. In the counter affidavit, virtually there is no dispute being raised. What is said is that facts are being verified, claims were not properly made, funds were not 3 received, Log Books were not filed(which was admittedly lost by the authorities) all excuses without any action. What is the proper format to make claim, who is the proper authority to settle the claim, nothing is identified. For these menial matters, people like petitioner are forced to come to this Court and solely because of insensitive attitude on part of the State officials, time of this Court is wasted in such a non legal issues only to secure some sense of justice to the citizen. One of the difficulties that has been pointed out by the learned counsel for the State is that though vehicle is initially requisitioned and handed over to C.I.S.F. for purposes of election, it is used by C.I.S.F. for movement of their personnel and other patrolling which is because of maintenance of law and order. A finical distinction is made by the State authorities between expenses on election and expenses on law. Payments on one front come from the State Election Commission and the other from the Home Department. Even though both are undisputedly State organs, none of them coordinate and the sufferers are the citizen. Prima facie, petitioner’s submission that all these complicated time consuming procedures have been evolved only for the purposes of securing illegal gratification with no benefit to either the State or the citizen, prima facie appears to be correct. In no civilized society, can we find such 4 example where properties are requisitioned immediately and compensation paid out after a long delay and untold harassment. Even though this writ petition has been pending for almost a year, the authorities are yet to verify and finalize the accounts. Such is the pace of State work and all this needs attention at highest level. I, therefore, direct the respective District Magistrates to complete all verifications and ensure all payments to the petitioner within a period of fifteen days from the date of filing of copy of this order before the respective District Magistrate-cum-Collectors. Failure to ensure full and final payments within the said period would force this Court to take a serious view of the matter and initiate proceedings in contempt. Let a copy of this order be sent to the Chief Secretary, Government of Bihar, State Election Commission, Bihar, Patna, Home Secretary, Bihar, Patna Chief Electoral Officer, Bihar, Patna and Transport Commissioner, Bihar, Patna with a request to take interest in the matter to eradicate corruption and harassment associated with these payments. With these observations and directions, the writ petition is being disposed of. Shageer (Navaniti Prasad Singh, J)