Pramod Singh Weldone v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17653 of 2019 ====================================================== Pramod Singh Weldone, aged about 54 years, Male, son of Late Dinmani Singh, Resident of Weldone Colony, Rajoun, P.S.- Rajaun, District- Banka. ... ... Petitioner

Versus

1.

The Union of India through Secretary, Home Department, New Delhi. 2.

The State of Bihar through its Chief Secretary. 3.

Secretary, Home Department, Union of India, New Delhi. 4.

Chief Secretary, the State of Bihar, Patna.

5.

The Election Commission of India, New Delhi through its Secretary. 6.

Secretary, Election Commission of India, New Delhi 7.

Secretary of Parliament of India, New Delhi 8.

Collector Banka 9.

The State Election Commission, Bihar, Patna, through its Secretary. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Union of India :

Mr. Ram Kant Sharma, Sr. Advocate Mr. Mohit Agarwal, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, G.A.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 02-09-2019 Heard learned counsel for the petitioner, learned counsel for the Union of India as well as learned counsel for the

Patna High Court CWJC No.17653 of 2019 dt.02-09-2019 2/3 State.

Learned counsel for the petitioner is permitted to implead the State Election Commission, Bihar, as party respondent no.9 to this writ petition.

In this case, the petitioner is raising a grievance that Dhoraiya Assembly Constituency no.160 of Banka District has continued to be reserved Constituency since 1965 and even after the bifurcation from Bhagalpur district, now it is in Banka District, the position has not been changed, whereas Sultanganj Constituency, which was reserved in 1995, after 10 years it has been de-reseved. In such view of the matter, the petitioner submits that there should be change of status quo. Let the petitioner approach the State Election Commission, Bihar, Patna, for redressal of his grievance by way of filing an application. If such an application is filed, the authority concerned will look into the grievance of the petitioner and take proper decision and suitable action in accordance with law, taking into consideration the fact that Dhoraiya Assembly Constituency has continued to be reserved Constituency for a long time. The entire exercise should be completed by the authority concerned within a period of 8 (eight) weeks from the date of filing of the application by the petitioner.

Patna High Court CWJC No.17653 of 2019 dt.02-09-2019 3/3 With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 09.09.2019 Transmission Date