LALAN SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH not chequered but the history of the present matter appears to be little confusing. Under Annexure -1 dated 23.2.2002 the State Election Commission issued the notification for election of the Municipalities and Nagar Panchayats of the State. According to the said proposal/order, the notification was to be published on 28.2.2002 and after observing other steps the votes polled were counted on 3.5.2002. In accordance with other direction of the Election Commission, the results were to be declared immediately thereafter.

(2.) ON 9.5.2002 a petition filed by one Cazi Ahmad Azam (C.W.J.C. No. 2449/ 2002) came up for hearing before this Court, the fact that election had already taken place was not brought to the notice of this Court either by the petitioner or by any other contesting respondents. After hearing the parties, this Court vide its order dated 9.5.2002 allowed the writ application and quashed Annexure -3 so far as it related to Dumraon Municipality declaring it a Nagar Panchayat. The petitioner who has been elected as a ward member of the Nagar Panchayat has come to this Court, inter alia submitting that despite quashing of the earlier notification (Annexure -3) so far as it relates to Dumraon Municipality the name of the Municipality would simply be changed and the ward members elected for Nagar Panchayat would now occupy the office of the ward member of the Municipality. He submits that he is not challenging the judgment dated 9.5.2002 passed in C.W.J.C. No. 2449 of 2002 but is simply seeking a declaration from this Court that all persons elected for Dumraon Nagar Panchayat are, in fact, ward members of Dumraon Municipality. Learned Counsel for the State has opposed the petition. After hearing the parties, I am of the considered opinion that the writ application is not only misconceived but is fallacious.

(3.) LET the Respondents/State issue proper notification declaring the status of Dumraon as Municipality or Nagar Panchayat within four months from today. Nothing further is required to be done in the matter.