RAMESH PRASAD YADAV, SON OF LATE JAGLAL RAI, RESIDENT OF VILLAGE LODIPUR, P.O Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Albeit short, yet a significant question of law, this appeal, made under Clause 10 of the Letters Patent of this Court, has raised with regard to the application of the definition Clause 2(ac) of the Bihar Gram Panchayat Raj Act, 2006 (hereinafter referred to as the Act), which defines population for the purposes of, inter alia, composition of Gram Panchayat, and reservation of seats for the representative of the local bodies under the Act, read with Rules 8, 15 and 16 of the Bihar Gram Panchayat Election Rules, 2006 (hereinafter referred to as the Rules), in particular and other provisions under the Act and the Rules in general.

(2.) Sec. 2(ac) of the Act defines population as under:-

(3.) In this appeal, judgment and order, dated 10.06.2016, passed by the learned single Judge in CWJC No. 4442 of 2016, stands impugned, whereby the writ application, filed by the appellant herein, has been dismissed. The learned single Judge has rejected the plea of the appellant that population of the village, in question, for the purposes of the Act and Rules framed thereunder, should have been on the realistic basis and there was no population in the said Village, the same ought to have been treated as NIL and ought to have held that the categorisation of territorial constituencies, in reference to the population of the area, had to be done as per the figure of preceding Census of the year 2011.