Abdul Gaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17638 of 2021 ====================================================== Abdul Gaffar S/o Zamir Miya, Resident of Village-Haribanshpur, Panchayat Raj-Haribanshpur Banthu, P.O.-Warishpur, P.S.-Bhagwanpur, BlockBhagwanpur, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Panchayti Raj Department, Government of Bihar, Patna.

2.

The Commissioner, State Election Commission, Bihar, Patna. 3.

The District Magistrate, Vaishali at Hajipur. 4.

The Sub-Divisional Officer, Hajipur Sadar, District-Vaishali. 5.

The Block Development Officer-cum-Block Election Officer, Bhagwanpur, District-Vaishali at Hajipur.

6.

The Panchayat Sevak, Panchayat Raj-Haribanshpur Banthu, BlockBhagwanpur, District-Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Respondent/s :

Mr.Lalit Kishore, (Ag) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 05-10-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "For issuance of an appropriate writ, order or direction particularly in the nature of writ of mandamus commanding / directing the respondent authorities to attach the houses of House No.36 to 63 of 28 families of the east of ward No.3 of Panchayat Raj Haribanshpur Banthu, P.S.- Bhagwanpur, Block-Bhagwanpur, District- Vaishali to the Ward No.4 so that they cast vote to the Booth at Madhya Vidhyalay, Haribanshpur East conveniently where the Booth of Ward No.2, 4, 5 are situated is near about 300 meters from

Patna High Court CWJC No.17638 of 2021 dt.05-10-2021 2/2 there since the booth for ward no.3 Navsrijit Primary school, Mushahari is more that 3 k.m. away from their houses to the houses of ward no.3 west. Prayer is with regard to balance of population and physical map of the village, for the good governance and normal works of administration the same is very necessary and useful of the public at large of the locality."

As Panchayat elections have been announced by the State Election Commission and process for election has started, as such, no direction can be issued to the State Election Commission or the District Election Officer for redressal of grievances of petitioner, as such, present writ petition in nature of PIL is dismissed.

However, once elections are over, petitioner can approach the concerned authority for redressal of his grievance, if any.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.11.2021 Transmission Date NA