RABINDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the Mukhiyas of Gram Panchayat-Ekma, Gram Panchayat-Hansrajpur Gopali and Gram Panchayat-Bharohopur to challenge the judgment and order dated 2nd September, 2011 passed by the learned Single Judge in above CWJC No. 13300 of 2011.

(2.) Under Notification dated 14th January, 2010 issued under Section 6 of the Bihar Municipal Act, 2007 (hereinafter referred to as "the Act of 2007"), the State Government has reconstituted some seven Gram Panchayats to constitute Ekma Bazar Nagar Panchayat (Municipality).

(3.) Feeling aggrieved, certain residents of the villages challenged the said Notification dated 14th January, 2010 in CWJC No. 6509 of 2010. Pending the said petition, the operation of the Notification dated 14th January, 2010 was stayed. The petition came to be rejected on 12th May, 2011. It appears that while the stay was operating and the Notification dated 14th January, 2010 was not made effective, the election of the abovereferred three Gram Panchayats were declared. In spite of vacation of the stay on 12th May, 2011, the election process continued. The election of the appellants as Mukhiya of the concerned Gram Panchayats was declared on 23rd May, 2011 and 24th May, 2011. Since the election, on 8th July, 2011 the State Election Commission declared the election programme of the abovereferred Ekma Bazar Municipality. After holding the due election, the election of the Councillors of the Municipality was declared on 20th September, 2011. Pursuant to the election of the municipality, the District Collector, Saran at Chapra, in exercise of the power conferred under Section 12 of the Bihar Panchayat Raj Act, 2006, denotified the abovereferred three Gram Panchayats under his order dated 27th December, 2011, published in the Government Gazette on 27th December, 2011.