Patna High CourtCWJC/9914/2016dismissed

Neeraj Yadav And ORS v. The State Of Bihar And ORS

2016-06-27Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9914 of 2016 ======================================================

1. Neeraj Yadav S/o - Sri Ramanand Yadav resident of Village - Makhdumpur, P.O. - Digha Ghat, P.S. - Digha, District - Patna, Panchayat Samiti Member Gram Panchayat Raj East Digha.

2. Ajajauddin S/o - S.K. Jalaluddin resident of Village - Bas Kothi, Digha Jangli Pir, P.O. - Digha Ghat, P.S. - Digha, District - Patna Panchayat Samiti Member Gram Panchayat Raj West Digha.

3. Smt. Dimpal Kumari W/o -Sri Vinay Kumar resident of Village - Kurji Saidpur Kothiya, P.O. - Sadakat Ashram, P.S. - Digha, District - Patna Panchayat Samiti Member Gram Panchayat Raj East Digha.

4. Uma Shankar Arya S/o - Late Nandlal Mahto resident of Village - Kurji, Gate no: - 66, P.O. - Sadakat Ashram, P.S. - Digha, District - Patna Panchayat Samiti Member Gram Panchayat Raj North Mainpura.

5. Smt. Mira Devi W/o - Raju Mahto resident of Village - Gosai Tola, P.O. : - Patliputra, P.S. - Patliputra, District - Patna Panchayat Samiti Member Gram Panchayat Raj East Mainpura.

6. Dilip Paswan S/o Late Laxmi Paswan resident of Village - Kurji, P.O. - Sadakat Ashram, P.S. - Digha, District - Patna Panchayat Samiti Member Gram Panchayat Raj West Mainpura.

7. Arvind Kumar Verma S/o - Sri Sita Ram Verma resident of Village - Makdumpur, Gate no : - 89, P.O. - Digha Ghat, P.S. - Digha, District - Patna Panchayat Samiti Member Gram Panchayat Raj West Digha. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4. The State Election Commission through the State Election Commissioner, 3rd Floor, Sone Bhawan, Bihar, Patna.

5. The Deputy Secretary, State Election Commission, 3rd Floor, Sone Bhawan, Bihar, Patna.

6. The District Magistrate-cum-District Election Officer (Panchayat), Patna, District - Patna.

7. The Deputy Development Commissioner, Patna District Patna.

8. The Sub Divisional Officer, Patna City, District - Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Choubey, Adv. For the Respondent/s : Mr. Abbas Haider, SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

Patna High Court CWJC No.9914 of 2016 (2) dt.27-06-2016 2/2 27-06-2016 Perused the office note. Defects are ignored and the matter is taken up for consideration.

Heard learned counsel for the parties.

Even when the issue stands discussed in the order of this Court passed in C.W.J.C.No.19373 of 2015 and the area in question has since been declared as municipality with the term of the existing elected Members under the Bihar Panchayat Raj Act coming to an end, a prayer is made to allow them to continue until the constitution of the municipality.

The issue is thoroughly misconceived and dehors the provisions of Bihar Panchayat Raj Act as well as the Bihar Municipal Act and is accordingly dismissed.

(Jyoti Saran, J) Bibhash/- U