- (1.) HEARD counsel for the parties.
(2.) THE petitioner has approached this court for directing the respondents to make payment of compensation for the death of her husband during Vidhan Sabha Election in 1995. It is the petitioner's case that her husband Chhotu Saw was engaged as driver in Vidhan Sabha Election in 1995 by the Block Development Officer, Koderma (Respondent No. 4) and in support thereof, the petitioner has enclosed an extract of the Log Book of the vehicle no. BR-1BG- 0131 as annexure-1 indicating the name of the driver. It is her case that her husband died at booth no. 09 Primary School, Maktab Shivpur on 11th March 1995 during election duty due to the accident for which U.D. Case No. 1 of 1995 was registered on 11th March 1995 on the written report of Sri Gangadhar Pandey. The petitioner represented before the Deputy Commissioner, Koderma (Respondent No. 2) vide annexure-3. A certificate was also issued by the Sub Divisional Hospital, Koderma on 13th March 1995 in which cause of death of her husband was shown to be as cardiac respiratory failure due to high voltage electric current shock (Annexure-4). Even the Block Development Officer, Satgawan, district Koderma sent a letter to the Block Development Officer, Koderma regarding the accident for taking necessary action vide his letter no. 213 dated 24th July 1995 (Annexure-5). It is the contention of the petitioner that despite several representations to the Deputy Commissioner, Koderma, they have not taken any decision in the matter, though the husband of the petitioner was the only bread earner of the family and the petitioner has to maintain five dependent children without practically no source of income. In these circumstances, the petitioner is facing great hardship and has been compelled to move this court.
(3.) RESPONDENTS were earlier allowed time to file counter affidavit, but no counter affidavit appears to have been filed on behalf of the respondents, even though it was stated by the counsel for the respondents that the counter affidavit had earlier been filed, but on verification by the office, it has been detected that no counter affidavit has yet been filed. In these circumstances, facts which have been brought on record by the petitioner appear to be glaring when the petitioner's husband has said to have died during the course of election duty in Vidhan Sabha Election, 1995 and the respondents have not taken steps to provide due compensation and other benefits to the dependent of the deceased.;