ORDER :

1. Learned counsel for the petitioner is permitted to make necessary correction in nomenclature of the respondent no.1 as Election Commission of India, through the Chief Electoral Officer, Jharkhand.

2. The present writ petition has been filed for issuance of direction upon the respondents to accept the petitioner’s application for inclusion of his name in the electoral roll on shifting from Hetanpur, P.O. Madhopur, P.S. Shahpur, Danapur, District Patna (Bihar) to his present address at Kanadih, Ramnagar, P.O. Kauribahiyar, P.S. Muffasil, District Godda (Jharkhand) in terms with Rule 26 of the Registration of Electoral Rules, 1960 (hereinafter to be referred as ‘the Rules, 1960’). Further prayer has been made seeking conscionable justice to the petitioner to allow him to shift his name in the electoral roll at the present address before 26th November, 2019 failing which the date of scrutiny by the respondents be extended for a reasonable period and to accept the nomination paper of the petitioner.

3. Mr. V. P. Singh, learned senior counsel for the petitioner, submits that the petitioner being one of the candidates of a political party (Rashtriya Janta Dal) in the ensuing election of Jharkhand Legislative Assembly, submitted his nomination paper on 22nd November, 2019 in 19- Koderma Legislative Assembly Constituency (Jharkhand). The said nomination paper of the petitioner was duly accepted by the Returning Officer, Koderma, wherein he had mentioned his name figuring at Sl. No.18 in the electoral roll of 186- Danapur Legislative Assembly Constituency (Bihar). However, on 23rd November, 2019 the petitioner got his name struck off from the voter list maintained in the Danapur Legislative Assembly Constituency by making online application in prescribed format i.e. Form-7 before the Circle Officer, Danapur. On the same day i.e. 23rd November, 2019, the petitioner also submitted his online application in the prescribed format i.e. Form-6 for shifting his name from the electoral roll maintained at Danapur (Bihar) to Godda (Jharkhand).

4. Learned senior counsel for the petitioner further submits that since the petitioner made online application for shifting his name from one constituency pertaining to Bihar to another constituency within the State of Jharkhand, the Electoral Registration Officer, Godda should have taken immediate step in that regard. It is also submitted that as per Section 23 of the Representation of the People Act, 1950 (hereinafter to be referred as ‘the Act, 1950’) read with rule 26 of the Rules, 1960, it is the duty of the Electoral Registration Officer to include the petitioner’s name in the electoral roll maintained in the district of Godda. Learned senior counsel for the petitioner further submits that any application for amendment, transposition or deletion in the entry made in the electoral roll can be made till the last date fixed for making nomination for an election in that constituency. Since the petitioner had made online application before the Electoral Registration Officer, Godda for inclusion of his name in the electoral roll on 23rd November, 2019 and last date for filing nomination paper in the ensuing assembly election was 25th November, 2019, the said authority should have taken immediate step in this regard keeping in view that the petitioner had already submitted his nomination paper before the Returning Officer, Koderma to contest assembly election from Koderma Legislative Assembly Constituency as a candidate of Rashtriya Janta Dal.

5. Per contra, Dr. Ashok Kumar Singh, learned counsel for the respondent no.1, submits that rule 26(3) of the Rules, 1960 provides that the Registration Officer on receipt of application requesting inclusion of name in the electoral roll, is required to get one copy thereof to be posted in some conspicuous place in his office together with a notice inviting objection to such application within a period of seven days from the date of such posting. Since the petiti