IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5649 of 2011
RAM UTTAM YADAV .
Versus
THE STATE OF BIHAR & ORS .
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For the Petitioner:- Mr. Rajni Kant Pathak, Adv.
For the State Election Commission:- Mr. R.S. Pradhan, Sr. Adv.
Mr. Sanjeev Nikesh, Adv.
For the State:- Mr. Sanjeev Kr. Singh, AC to G.P. 15.
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2. 04.04.2011 Heard learned counsel for the petitioner
for the State and for the State Election Commission.
The petitioner is stated to be the Mukhiya
of the Dakhram Gram Panchayat at Darbhanga.
Learned counsel submits that it is one of
the 22 Gram Panchayats which were amalgamated
for creation of the Benipur Nagar Parishad. A part of
the Dakhram Gram Panchayat however was left out
consisting of a population of at least 1393 and which
is the bone of contention in the present writ
application. It is submitted that the creation of the
Benipur Nagar Parishad by amalgamation of the
Panchayats was itself not in accordance with law
and therefore the bifurcation of the Dakhram Gram
Panchayat excluding 1393 persons was itself not in
accordance with law. There had been no proper
notifications under the Bihar Panchayat Raj Act and
the Rules with regard to the territorial constituencies
by publication in accordance with Rule-8. It is next
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submitted that Sajjanpur Gram Panchayat with
which this 1393 population of Dakhram Gram
Panchayat has been amalgamated is a reserved
constituency which may affect the electoral prospect
of a person from the Dakhram Gram Panchayat.
Learned counsel for the State Election
Commission from its order dated 10.2.2011 submits
that the authorities keeping in mind the interest of
this 1393 population of Dakhram Gram Panchayat
decided to merge it with the Sajjanpur Gram
Panchayat for reasons of convenience of the
electorate as discussed in the order for geographical
reasons.
It is not the case of the petitioner that
none of these 1393 electorate belonged to the
reserved category and are therefore ineligible to
participate in the Panchayat elections through the
Sajjanpur Panchayat. In any event of the matter,
whether the bifurcation of the Dakhram Gram
Panchayat or any other Panchayat for creation of the
Benipur Gram Panchayat was in accordance with
law having its fall out on the present Dakhram
Panchayat and its amalgamation with Sajjanpur etc.
are matters clearly beyond the purview of this Court
in view of the interim order passed in L.P.A. No.
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1797 of 2010, staying the operation of the order in
C.W.J.C. No. 1297 of 2010. Suffice it to notice that
in the writ petition, the creation of the Benipur
Nagar Parishad had been set aside. The status of
the Benipur Nagar Parishad having been revived
under the interim order of the Appellate Court, this
Court finds no reason to interfere in the present writ
application. The Court is satisfied that by the
impugned order of the State Election Commission
the electorate at large of the Dakhram Gram
Panchayat amalgamated with Sajjanpur has been
given adequate and equal opportunity not only to
contest Panchayat Elections, if so advised, but also
to exercise their right of franchise with which the
Court is not inclined to interfere at the behest of an
individual whose own political prospect may get
jeopardized in the process.
The writ application stands dismissed.
P. Kumar ( Navin Sinha, J.)