Gopal Prasad Dhirasaria v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2286 of 2016 ====================================================== Gopal Prasad Dhirasaria, S/o Late Satya Narayan Dhirasaria, resident of village Satghara, Chandani Chowk, Raj Nagar Bazar, P.O. & P.S.- Raj Nagar, District- Madhubani, Presently the petitioner is Up Pramukh of Raj Nagar Prakhand Panchayat Samiti.

.... .... Petitioner/s

Versus

1. The State of Bihar through the State Election Commission, Bihar.

2. The District Magistrate cum Collector, Madhubani.

3. The District Panchayat Raj Officer, Madhubani.

4. The Sub Divisional Officer, Madhubani Sadar, District Madhubani.

5. The Block Development Officer cum Election Officer, Raj Nagar Prakhand, District- Madhubani.

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

For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv. with Mr. Kameshwar Prasad Gupta For the Respondent-State : Mr. Kumar Manish, SC-21 For the Respondent-SEC : Mr. Amit Shrivastava Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-02-2016 Heard learned counsel appearing for the petitioner, Mr. Kumar Manish, learned Standing Counsel No.21 for the State and Mr. Amit Shrivastava, learned counsel appearing for the State Election Commission.

The petitioner complains of infirmity in the list of territorial electoral constituencies published under rule 8 of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as 'the Rules') framed under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') in so far as it relates to Raj Nagar Prakhand Panchayat Samiti in the district of Madhubani. The complaint of the petitioner is regarding the

Patna High Court CWJC No.2286 of 2016 (2) dt.08-02-2016 discrepancy in the figures published in respect of reserved category population. An exhaustive representation has been filed before the State Election Commission present at Annexure-5 and it is the complaint of the petitioner that the same has not been disposed of. With the Panchayat election around the corner, it is the prayer of the petitioner that the State Election Commission in consultation with the District Magistrate may dispose of the grievance of the petitioner in the light of the objection so raised.

Having heard learned counsel for the parties and considering the nature of grievance and its urgency I direct the Commissioner, State Election Commission to consider the grievance of the petitioner so raised through the application present at Annexure-5 and dispose of the same in consultation with the District Magistrate, Madhubani in accordance with law and with opportunity of hearing to the petitioner. Considering the urgency of the matter an expeditious disposal preferably within four weeks from today would be appreciated. The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U