IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6629 of 2011 CHUTAR MANJHI, SON OF LATE JEEBLAL MANJHI, RESIDENT OF VILLAGE- DUDHANIYA, P.S. CHANDRAMANDI, DISTRICT- JAMUI. . . . . PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE CUM THE DISTRICT RETURNING OFFICER (PANCHAYAT) JAMUI, DISTRICT- JAMUI. 3. THE BLOCK DEVELOPMENT OFFICER, CHAKAI, DISTRICT- JAMUI. 4. THE STATE ELECTION COMMISSION, BIHAR THROUGH ITS SECRETARY, SONE BHAWAN, THIRD FLOOR, BIRCHAND PATEL MARG, PATNA. . . . . . RESPONDENTS. For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate : Mr. Amar Prakash, Advocate For the Respondents : Mr. Alok Ranjan, AC to G.P.17. For the Election Commission : Mr. R.S. Pradhan, Sr. Advocate : Mr. Sanjeev Nikesh, Advocate ----------- 3/ 27.04.2011 The instant writ petition by way of public interest litigation has been filed for quashing of Form-2, issued under the signature of respondent no.3 (Annexure-1), whereby the polling station of village Dudhaniya comprising of ward nos. 6 and 7 has been shifted to nearby High School, Nawadih Silphari. 2. The petitioner is resident of village Dhudhaniya under Chakai Anchal in the district of Jamui within Nawadih Silphari Gram Panchayat. He submits that since 20-22 years, the polling station of the village comprising of ward no. 6 and 7 was located in the local school. He further submits that recently a proposal was sent by District Returning Officer to State Election Commission for approving shifting of polling station from village Dhudhaniya to High School Nawadih Silphari. The petitioner submits that by now the State Election Commission has also approved the shifting of location of the polling station. 2 3. The petitioner has assailed the shifting of polling station on various grounds. He submits that the proposal for shifting the polling station was made on misrepresentation of facts that even after shifting, the location of polling station would fall within the concerned ward nos. 6 and 7 of village Dhudhaniya. He submits that it would appear from the very proposal (Annexure-1) that the new polling station for ward nos. 6 and 7 fall in village Nawadih Silphari and not Dhudhaniya. The village Nawadih Silphari comprises of ward no.12. He next submits that the State Election Commission laid guidelines for location of polling station in it’s letter no.506 dated 07.02.2011, contained in Annexure-5. He further submits that as per the instructions of State Election Commission, the polling station of the ward concerned should be located in the ward itself, if a government or public community hall exists in the ward. He submits that a large number of people made representations to the State Election Commission against shifting of polling station. A copy of representation has been annexed as Annexure-6 to the writ application. 4. The Incharge Officer of District Complaint Bureau sought a report from one Fagu Narayan Sah of village Madhopur, Block Chakai, in the district of Jamui. Fagu Narayan Sah in his report made recommendations for retaining the location of ward no. 6 and 7 within the ward itself. A copy of recommendation of Fagu Narayan Sah is annexed as Annexure-9 to the writ application. 3 5. We have heard the learned counsel for the petitioner and the State. The location of polling station is an executive action, and it is best left to the wisdom of the executive. The Court would be very loath in interfering with shifting of location, particularly when it is being shifted to a place which is hardly 1 to 2 Kms away from the earlier location. It is a possible situation that the earlier polling station may be causing disturbance to the residents residing nearby the polling station. It is equally a possible situation that one common polling station can cater to more than one village which can facilitate supervision of election work in the area. The petitioner and residents of village have already filed a detailed representation before the District Returning Officer as well as State Election Commission who are competent to look into the matter. 6. In view of the above, we are not inclined to interfere in the matter and the application is accordingly dismissed. Uday/ (S. K. Katriar, J.) (S. P. Singh, J.)