RAM JIBAN RAY Vs. BLOCK DEVELOPMENT OFFICERS

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India the four petitioners have challenged the entire election of Barawan Gram Panchayat, which is under the jurisdiction of Poonpoon Block in the District of Patna, on the ground that the local limits of the said Gram Panchayat was altered by the Block Development Officer (opposite party No. 1) the Election Officer (opposite party No. 2?). Sub-divisional Magistrate (Opposite party No. 3) and the District Magistrate (opposite party No. 4) during the impugned election at the time of notifying regarding the booths under Rule 31 of the Bihar Panchayat Election Rules, 1959, a copy of which the petitioners have filed as Annexure '4'. The said election was held on the 6th June, 1971. It is specifically stated in the petition that the said alteration in the Gram Panchayat was done without any gazette notification having been made by the State of Bihar.

(2.) It is further stated therein that due to the sudden alteration a prejudice was caused to the petitioners. The petitioners have also stated in their petition that the villages Anio Patanpura, Jaitipur and Mahajani were villages in Saidanpur Gram Panchayat according to the Bihar Gazette Notification, dated the 23rd January, 1952. They further stated that by notification published in the Bihar Gazette on the 5th February, 1958 when Barawan Gram Panchayat was established there were ten villages, namely, Mir Haridchak, Mahmada, Kansari, Barawan, Sapa-hua, Mustafapur, Mundichak, Lahladpur, Palanki and Panchasa, according to which various elections of the said Gram Panchayat had taken place in the past. The three villages, Anio Patanpura, Jaitipur and Mahajani were taken out from Saidanpur Gram Panchayat and were purported to be included in Barawan Gram Panchayat by the authorities without any formal notification made by the State Government as mentioned above.

(3.) Although the petitioners have impleaded in their petition the persons who were elected in the said election as well as the Block Development Officer, Sub-divisional Magistrate and the District Magistrate, none has cared to file any counter affidavit controverting the facts stated by the petitioners.