MADHUBALA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Although this matter is listed under the heading 'For orders on petitions' but with the consent of the parties it has been taken up with a view to its final disposal at this stage itself by way of this judgment.

(2.) This matter was taken up yesterday for consideration of the prayer made by the petitioner on the issue of grant of interim relief when Mr. S.B.K. Manglam appeared for the petitioner, the State was represented by Mr. Purnendu Singh, learned Government Pleader No. 27, the State Election Commission was represented by Mr. Girish Pandey and Mr. Bindhyachal Singh registered his appearance for respondent No. 7 but submitted that he would be registering appearance for other requisitionists that the matter was passed over and has been taken up today when Mr. Bindhyachal Singh submits that he is filing Vakalatnama for the remaining requisitionists.

(3.) The issue raised in the writ petition is limited to the infirmity in the requisition addressed to the petitioner who happens to be the Pramukh of Panchayat Samiti, Paharpur, District- East Champaran. According to the petitioner, the requisition is not in tune with the provisions underlying section 44(3)(i) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') inasmuch as though addressed to the Pramukh, it is routed through the Executive Officer which is not in tune with the mandate of law. It is submitted that although the statutory provisions while requiring presentation of the requisition to the Pramukh also casts an obligation of service of a copy of the requisition on the Executive Officer of the Panchayat Samiti but the same does not mean that the requisition has to be routed through the Executive Officer and which fact is also manifest from the copy of the requisition placed at Annexure-1.