Patna High CourtCWJC/5580/2016disposed

Lal Mani Yadav 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.5580 of 2016 ====================================================== Lal Mani Yadav son of Late Samar Yadav, resident of village-Agahra, P.S. Sono, District-Jamui .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna

2. The District Magistrate-cum-District Election Officer (Panchayat), Jamui

3. The Sub-Divisional Officer, Jamui

4. The District Panchayati Raj Officer, Jamui

5. The Block Development Officer-cum-Returning Officer Panchayat Sono, Jamui

6. The State Election Commission through its Secretary having its office at Sone Bhawan, Patna

7. The State Election Commissioner (Panchayat) Bihar, Patna 8.

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Respondent/s : Mr. Ajeet Kumar, SC-28 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-03-2016 Counsel for the parties are present.

The petitioner is aggrieved by the reservation of the post of Adhyaksha in the Zila Parishad Territorial Constituency, Sono as regarding Seat No. 16 & 17 which has been reserved for backward category women and general category women respectively 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

Patna High Court CWJC No.5580 of 2016 (2) dt.28-03-2016 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 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