Patna High CourtCWJC/5552/2016disposed

Rahul Kumar v. The State Of Bihar And ORS

2016-03-28Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5552 of 2016 ====================================================== Rahul Kumar, son of Late Surendra Prasad Gupta, resident of villageManjhi, P.S. Manjhi, District-Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Election Commission through the Election Commissioner, Sone Bhawan, Patna

3. The Collector cum the District Election Officer (Panchayat), Saran

4. The District Panchayat Raj Officer, Saran, District-Saran

5. The Block Development Officer cum the Block Election Officer, Manjhi, District-Saran .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bimal Kumar, Advocate Mr. Raghwendra Kumar, Advocate For the Respondent/s : Mr. Md. Raisul Haque, SC-4 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-03-2016 Heard learned counsel for the parties.

The petitioner is aggrieved by the decision of the State Election Commission in reserving the territorial constituency of Gram Panchayat Raj Manjhi in the district of Saran for the Scheduled Caste category which according to the petitioner is not correct.

The issue of categorization of the territorial constituency was considered by this Court in CWJC No. 2445 of 2016 and other analogous cases and this Court has recorded satisfaction on the procedure followed by the Commission. Further any grievance regarding an incorrect application of the procedure adopted by the State Election Commission in respect of categorization of any constituency cannot be a subject matter of a

Patna High Court CWJC No.5552 of 2016 (2) dt.28-03-2016 writ proceeding. The petitioner, if so advised, may take recourse to the forum so available to him in law.

In the aforementioned view of the matter, no cause for indulgence is made out.

The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U