Awadhesh Paswan v. State Election Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5641 of 2016 ====================================================== Awadhesh Paswan, son of Ram Kishun Paswan, resident of village Parna, P.S. Nima Chandpura, district Begusarai .... .... Petitioner/s

Versus

1. State Election Commission, Bihar, Patna

2. The State of Bihar through District Magistrate-cum-Election Officer, Begusarai

3. Sub Divisional Officer, Begusarai

4. Block Development Officer, Begusarai

5. Block Incharge, Panchayati Raj Officer, Begusarai

6. Deputy Collector of Land Reforms cum incharge Senior Officer

7. District Election Officer, Begusarai.

8. Deputy Development Commissioner, Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam, Adv. For the Respondent/s : Mr. Din Bandhu Singh, GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-03-2016 None appears on behalf of the petitioner.

Learned counsel for the State is present and perused the records.

The petitioner questions the reservation of the post of Mukhiya in Gram Panchayat, Parna in the district of Begusarai. The issue of categorization of Panchayat stands concluded by a judgment of this Court passed in C.W.J.C.No.2445 of 2016 on 18.3.2016 and the procedure followed by the State Election Commission for such categorization stands upheld. In the circumstances, no cause for indulgence is made out to the grievance raised.

Patna High Court CWJC No.5641 of 2016 (2) dt.29-03-2016 2/2 However, if the petitioner is aggrieved by incorrect application of the procedure so adopted by the Commission then his remedy may lie by way of an election dispute before an appropriate forum but not in a writ petition which is disposed of accordingly.

(Jyoti Saran, J) Bibhash/- U