PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:

Heard Mr. P.N. Shahi, learned Senior counsel assisted by Mr. Avinash Shekhar, learned counsel for the petitioner, Mr. Vikas Kumar, learned counsel for the respondent-State and Mr. Siddhartha Prasad, learned counsel for the Election Commission of India.

2. Learned Senior Advocate for the petitioner would mainly submit that present is a petition filed under Article 226 of the Constitution of India and is in the nature of Public Interest Litigation. It is submitted that the petitioner has prayed that the order dated 30.06.2025 issued under signature of the respondent- Additional Secretary, whereby cumulative 132 personnel of the Urban Development and Housing Department have been transferred, be quashed. The petitioner has also prayed that appropriate direction be issued to the respondents to ensure that the directions issued by the respondent-Election Commission of India in Clause 8 of memo dated 24.06.2025 under Article 324 of the Constitution of India is complied with.

3. Learned Senior Advocate has referred the averments made in the memo of the petition and, thereafter, mainly submitted that in view of the pending Assembly Election in the State of Bihar, the Election Commission of India issued memo dated 24.06.2025, whereby Special Intensive Revision of the Electoral Rolls of each Assembly Constituency in the State of Bihar was to be conducted in the exercise of its power under Article 324 of the Constitution of India and under Section 21 of the Representation of the People Act, 1950.

4. In Clause 8 of the aforesaid memo, the Election Commission of India directed that the Chief Secretary shall ensure that CEO/ DEO/ ERO/ AERO/ BLO supervisor/ BLO and other officers involved in preparation of electoral rolls are adequately supported with manpower and resources and further that during the revision period, the Chief Secretary shall ensure that no post notified as DEO/ ERO/ AERO is vacant and no such officer is transferred without prior approval of the Commission.

5. It has been pointed out from the record that now the Urban Development and Housing Department issued memo dated 30.06.2025 whereby 126 personnel of the said department have been transferred. It is contended that the aforesaid order of transfer is in violation of the letter issued by the Election Commission of India and therefore, the said order be quashed and thereby appropriate direction be issued to the respondent authority

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