Rajeev Kumar Roy vs The State Of Bihar
2023 Latest Caselaw 2221 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6965 of 2023
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Rajeev Kumar Roy, Son of Sri Debu Roy, resident of village - Kotawali Chouk, Laxmi Sagar, Ward No. 45, P.S. - Town, District - Madhubani, State - Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

3. The District Magistrate-cum-District Election Officer, (Nagarpalika) Madhubani.

4. The Senior Deputy Collector-cum-District Deputy Election Officer (Nagarpalika) Madhubani.

5. The Additional Election Officer Sadar Madhubani, District - Madhubani.

6. The Sub-Divisional Officer, Sadar Madhubani, District - Madhubani.

7. The Block Panchayatiraj Officer Sadar Madhubani, District - Madhubani.

8. The Chief Election Officer, State Election Commission Bihar, Patna.

9. The Secretary State Election Commission, Bihar, Patna.

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

     For the Petitioner        :     Mr. Maya Shankar Mishra, Advocate
     For the State             :     Mr. P.K. Shahi, AG
     For State Election        :     Mr. Sanjeev Nikesh, Advocate
     Commission

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 09-05-2023

1. The writ application has been filed as a Public

Interest Litigation (PIL) seeking a direction to the respondents

for declaring Ward No. 45 of the Madhubani Municipal

Corporation as an unreserved category ward for the purpose of

election of Councillor from the said ward. Patna High Court CWJC No.6965 of 2023 dt.09-05-2023

2. Learned counsel for the State as well as learned

counsel for the State Election Commission submit that election

to the Municipal Corporation has been announced by the Urban

Development and Housing Department, Government of Bihar,

under notification dated 04.05.2023 bearing memo no. 1241,

copy of which has been passed on to the Court. As such, polling

is scheduled to take place on 09.06.2023. The electoral process

having commenced, this Court should not exercise extra

ordinary discretionary jurisdiction in favour of the petitioner.

3. The Bihar Municipal Act, 2007 (hereinafter

referred to as "Act") provides for constitution of municipality as

well as its composition. The two provisions in this regard are

Section 12 and 13 of the Act. The manner for making provision

for reservation is also contained in the said two provisions. Part

III of the Bihar Municipal Election Rules, 2007 (hereinafter

referred to as "Rules") also contains provisions in this regard.

4. The petitioner, as per averments made in the writ

petition has approached the State Election Commission with his

grievance and was also afforded opportunity of hearing. The

grievance of the petitioner, apparent from the representations

(Annexures-6 to 9) of the writ petition, is based on a self-

serving assessment of the population and composition of voters Patna High Court CWJC No.6965 of 2023 dt.09-05-2023

in Ward No. 45.

5. Claiming a particular number of total voters in the

ward and thereafter surmising upon exclusion of a particular

number of voters, based on the last delimitation of the ward

arising out of upgradation of the municipal area, the petitioner

has claimed that the ward should be declared as a ward in the

unreserved category.

6. The issues sought to be raised are based on

disputed questions of fact, which also are founded on the

petitioner's self-serving assessment which is not supported by

any authentic or reliable material.

7. In view thereof and considering the fact that the

electoral process has commenced, this Court is not inclined to

entertain the plea raised by the petitioner by way of a public

interest litigation.

8. Writ application is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.05.2023
Transmission Date       NA