RAJU PRASAD MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this writ petition pro bono and calls in question a notification dated 13th of October,2016 issued by the State Election Commission, Bihar, whereby certain processes have been initiated for reservation of seats in various Wards for Scheduled Caste, Scheduled Tribe, Backward Caste, Female Councillors etc. Challenging the process of reservation initiated and the reservation done, the writ petition has been filed.

(2.) The general election to the public bodies in the local authorities in the State of Bihar has been notified by the Election Commission for the year 2017 and the election process has already commenced and, therefore, at this stage when the election process has already commenced, indulgence into the matter in a writ petition under Art. 226 of the Constitution is not permissible. The petitioner has to challenge the reservation and allocation of seats after the elections are over by resorting to the remedy of election petition available under the statute.

(3.) At this stage, we are not inclined to interfere into the matter because the process of election is over and the notification issued by His Excellency the Governor of State of Bihar on 19.04.2017 and in view of the law laid down by the Supreme Court in the case of Harnek Singh Vs. Charanjit Singh (2005) 8 SCC 38