SUNIL SHAHI, SON OF SRI RAM LAXMAN SHAHI, R/O VILLAGE Vs. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, PANCHAYTA RAJYA DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has sought a writ of mandamus commanding the respondents to either divide the Gram Panchayat Raj Sahbajpur in two parts i.e. Gram Panchayat Raj Sahbajpur and Gram Panchayat Raj Ahiyapur or grant more resources for the Government development schemes in accordance with its population.

(3.) The Constitution of Gram Panchayat is dealt with in Sec. 11 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'). Under sub-section (1) of Sec. 11, the District Magistrate, subject to the general or special orders of the Government, may declare any local area comprising a village or a group of contiguous villages or part thereof to be a Gram Panchayat. Sub-section (2) thereof gives power to the State Election Commission to review the legality and propriety of any Gram Panchayat, so declared, under sub-section (1).