Patna High CourtCWJC/5448/2016disposed

Akchay Kumar Mandal 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.5448 of 2016 ====================================================== Akchay Kumar Mandal son of Prayag Mandal, resident of Village/MohallaMohanpur, P.S.- Goradih, District- Bhagalpur. .... .... 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), Bhagalpur.

3. The District Panchayat Raj Officer, Bhagalpur.

4. The Block Development Officer cum Block returning Officer, Goradih, District- Bhagalpur.

5. The State Election Commission, Bihar, through its Secretary having its office in Sone Bhawan, Birchand Patel Path, Patna.

6. The State Election Commissioner, State Election Commission, Bihar, Patna.

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-6 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-03-2016 The petitioner prays for a direction to the authorities of the State Election Commission as well as the District Election Officer for disposal of his objection regarding the reservation of the post of Mukhiya, Gram Panchayat Raj Mohanpur, BlockGoradih in the district of Bhagalpur which has been reserved for Scheduled Caste women.

The issue of categorization of the territorial constituency was considered by this Court in CWJC No. 2445 of

Patna High Court CWJC No.5448 of 2016 (2) dt.28-03-2016 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 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