High Court Patna High Court - Orders

Ram Uttam Yadav vs The State Of Bihar &Amp; Ors on 4 April, 2011

Patna High Court – Orders
Ram Uttam Yadav vs The State Of Bihar &Amp; Ors on 4 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.5649 of 2011
                                      RAM UTTAM YADAV .
                                                 Versus
                               THE STATE OF BIHAR & ORS .
                                              -----------

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.)