Patna High CourtCWJC/3362/2016disposed

Sanjay Kumar Mandal v. The State Of Bihar And ORS

2016-04-01Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3362 of 2016 ====================================================== Sanjay Kumar Mandal, S/o Late Basudeo Mandal, R/o village- Fatehpur, PO- Gangania, P.S.- Sultanganj, District Bhagalpur, Gram Panchayat Gangania, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principle Secretary, Panchayat Raj, Bihar, Patna.

3. The State Election Commission, Bihar, through its Secretary, Bihar, Patna.

4. The Deputy Secretary, Bihar State Commission, Bihar, Patna.

5. The District Magistrate -cum- District Election Officer (Panchayat), Bhagalpur, District Bhagalpur.

6. The Block Development Officer, Sultanganj, Bhagalpur, District Bhagalpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra Mr. Dhananjay Kumar Gupta For the Respondent-State : Mr. Ajay, GA-12 For the Respondent-SEC ; Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-04-2016 The petitioner questions the figure of the reserve category population in reference to the census report. It is not in dispute that the population details of the territorial constituencies under rule 8(1) of the Bihar Panchayat Election Rules, 2006 was published on 20.4.2015. Rule 8(2) of 'the Rules' permits an aggrieved to file objections thereto within a fortnight. Admittedly no objections were filed within the prescribed time rather the objection is filed by the petitioner only in February 2016. It is too late in the day to interfere with the election process.

Patna High Court CWJC No.3362 of 2016 (2) dt.01-04-2016 The election notification having been issued under section 124 of the Bihar Panchayat Raj Act, 2006, any aggrieved is at liberty to take recourse to any other remedy so available under the said Act but this Court in exercise of writ jurisdiction would refrain to enter into such disputed matters. The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U