BAM SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the help of this writ application made under Art. 226 of the Constitution of India, in the form of public interest litigation, the petitioner, who is a resident of village-Tiri, in the district of Saharsa, seeks issuance of appropriate writ setting aside and quashing the elections of the Tiri Gram Panchayat held on 02.05.2016, the challenge to the election, in question, being based on electoral roll, which was prepared and, on the basis whereof, elections to the said Panchayat were held.

(2.) In substance, the grievance of the petitioner is that the electorates of the district of Madhepura had been included in the electoral roll, which is against the law and, therefore, entire election is bad in law and deserves to be interfered with.

(3.) Before proceeding further, we may point out that the petitioner had earlier field a writ petition, which gave rise to CWJC No. 3538 of 2016, and by an interim order, dated 18.03.2016, passed therein, the Court had directed that the result of the elections, which may be held pursuant to the impugned notification, shall be subject to the outcome of the writ petition and/or such further or other order or orders as may be passed in the writ petition.