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2006 Supreme(Pat) 297

BARIN GHOSH
Anamika Singh – Appellant
Versus
Bihar State Election Commission – Respondent


Judgment

Barin Ghosh, J.

1. The petitioner seeks to cast his vote in the ensuing panchayat election. Having regard to the mandate contained in sec. 126 of the Panchayat Raj Ordinance 2006, the petitioner is not entitled to cast such vote inasmuch as his name was not there rightly or wrongly in the voters list published at the time of last assembly election.

2. sec. 126 of the Bihar Panchayat Raj Ordinance 2006 is as follows:

Electors of Panchayat:-

All such persons who are enrolled as electors in the electoral roll or that part of the rolls of the State Legislative Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchavat shall be the electors for concerned Panchavat Elections: Provided that the State Election Commission suo motu or on receipt of written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the concerned territorial constituency of the Panchavat, as it may deem proper: Provided further that no such change of the electoral roll shall be made after the notification of the date of Panchavat El




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