KRISHNA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ petition, the petitioner has prayed for issuance of appropriate writ of mandamus to the respondent- authorities to follow guidelines and directions of the Election Commission in constitution of wards in accordance with the population and demarcation of boundary and then only follow the reservation roster for wards under general category, scheduled castes, backward class mahila and general category mahila depending upon the population of wards, especially in ward nos. 15 and 42 in which the population of general category is more than others. The further prayer of the petitioner is to stay the notification till anomalies in the constitution of wards are cured.

(2.) At the outset, learned counsel appearing for the State Election Commission has raised an objection regarding maintainability of the writ petition in the light of Article 243 ZG of the Constitution of India. He contended that the general election to the public bodies in the local authorities in the State of Bihar has already been held on 6/8/2017 and the result has been published on 8/8/2017. He contended that when the election process is already over, indulgence in such matter in a writ petition under Article 226 of the Constitution of India is not permissible. In this regard, he has placed reliance on a decision of this Court in Raju Prasad Mehta vs. the State of Bihar through the Chief Secretary and Ors., [2017 (2) PLJR 970].

(3.) On the other hand, learned counsel for the petitioners submitted that since the writ petition was filed prior to commencement of the election, the objection raised regarding maintainability of the writ petition is not sustainable. He submitted that now, Nagar Parishad Chapra has become Nagar Nigam Chapra and, accordingly, reconstruction of old wards into new wards process started for the purpose of election to be held in the year 2017. He contended that a notification in this regard was issued for the purpose of election of Nagar Nigam, Chapra. The area was declared by the district authorities and published on various date, i.e. 20/2/2017, 20/3/2017 and 3/5/2017 on the notice board upon which several objections were made before the authorities regarding population of wards, demarcation of area and roaster of reservation categories, which were ignored by the authorities. He contended that the petitioners and several other people of the wards of Chapra Nagar Nigam moved before the State Election Commission and submitted their objections against the anomalies in constitution of wards in accordance with uniform population of each ward. He contended that according to demarcation of 2012, ward nos. 15 and 42 were earlier under general categories, but by manipulation of the respondents, the population of other backward classes was incorporated into these wards and they were declared as backward class and backward class women category whereas the population of general category is much more than other castes. He contended that as the grievances raised by the petitioners were not redressed by the authorities, the petitioners were left with no option but to seek their remedy by way of filing the writ petition before this Court.