'Approach High Court' : Supreme Court Refuses To Entertain Plea Seeking Re-Polling In Bihar's Munger Over Alleged Rigging

The Supreme Court today (May 31) refused to entertain a writ petition alleging booth capturing and rigging of elections in the Constituency of Munger, Bihar by members of the JDU and seeking directions for re-polling and re-counting of the votes in certain booths. The Court dismissed the petition while granting liberty to the petitioner to approach the High Court. 

The bench of Justices Satish Chandra Sharma and Prasanna B Varale stressed that it was crucial for the petitioners to first approach the High Court. 

" Where is the rejection order? Why don't you go to 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. I am sorry we are not touching it on merits" Justice Sharma told the petitioner's counsel Advocate Aljo Joseph.

Though the counsel attempted to persuade, the bench did not change its view.

The following order was passed by the bench: 

"Learned Counsel pressed for withdrawal of the present petition with the liberty to approach the High Court , the same is dismissed as withdrawn" 

The petition pertains to the alleged booth capturing and rigging of the elections in Bihar's constituency Munger allegedly by the members of the ruling political party JDU along with the aid of the government officials. 

It was further alleged that several representations were made to authorities including the observers of the Election Commission of India as well as District Election Officer Mr Avnish Kumar Singh but to no avail. The petitioner also claims to have been manhandled by the officials and followers of JDU when she tried to protest against the said booth capturing. 

The main reliefs sought by the petitioner include (a) direction to the ECI to conduct re-polling in multiple booths of Lukhisarai Assembly Constituency, Mokana Vidhan Sabha Constituency; Suryagarha Assembly Constituency all of which are part of Munger, Bihar; (b) direction to ECI for removing District Magistrate Mr Avaneesh Kumar Singh from all the administrative responsibilities; (c) direct the ECI to conduct free and fair elections in the Munger Constituency as well as the free and fair counting of the votes.  

Case Details : KUMARI ANITA VS. ELECTION COMMISSION OF INDIA  W.P.(C) No. 000351 / 2024