The Supreme Court on Friday refused to entertain a plea seeking directions to the Election Commission of India for re-polling in the Munger parliamentary constituency of Bihar. The plea alleged that booth capturing had occurred with the connivance of the local administration.
A bench of Justices Satish Chandra Sharma and Prasanna B Varale heard the case. They suggested that the petitioner, Kumari Anita, should have approached the Patna High Court first before filing the petition in the Supreme Court.
The bench expressed their concern over bypassing the High Court, which is the appropriate forum for such matters. They emphasised that the High Courts in the country are fully operational and capable of handling such issues.
“Where is the rejection order? Why don’t you go to the High Court? Without going to the High Court, you are blaming the High Court. The High Courts are not closed in this country.
Please go to the High Court and argue all this before the High court,” the bench remarked. Following this, the petitioner chose to withdraw the plea.
Kumari Anita's petition alleged that booth capturing and rigging took place in the Munger constituency, purportedly involving members of the ruling political party JDU, with the assistance of government officials.
The petition specifically requested the Election Commission of India (ECI) to conduct re-polling in multiple booths within the Lukhisarai assembly constituency, Mokana Vidhan Sabha constituency, and Suryagarha assembly constituency, all of which fall under the Munger parliamentary constituency.
Additionally, the petition sought the removal of District Magistrate Avaneesh Kumar Singh from all administrative responsibilities to ensure free and fair elections in the Munger constituency, along with a transparent counting of votes.
The Lok Sabha elections in Bihar’s Munger constituency were held on May 13, 2024. The plea was filed in response to alleged electoral malpractices, seeking remedial measures to uphold the integrity of the electoral process.
This decision by the Supreme Court highlights the importance of following judicial hierarchy and exhausting remedies in the lower courts before approaching the apex court.
The petitioner’s decision to withdraw the plea suggests a potential future challenge in the Patna High Court, where the matter will likely be addressed in greater detail.
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