HARDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for striking down two orders contained in Annexures 1 and 2 passed by the Government of Bihar-the first one constituting a new Gram Panchayat and including therein the village to which the petitioners belong, after having taken it out of another Gram Panchayat to which it appertained : the second an order of the Block Development Officer directing preparation of the Electoral Roll of the Gram Panchayat to which the petitioners village originally appertained, after excluding it thereform.

(2.) Briefly stated, the case of the petitioners is that village Andehara to which the petitioners belong, was part of a Gram Pranchayat called the Parsauni Gram Panchayat. By the aforesaid order the said village has been excluded from that Panchayat and has been made part of a new Gram Panchayat called the Madanpur Gram Panchayat. It may be relevant to mention that village Madanpur itself was a part of another Gram Panchayat called Baikunthpur Kataur Gram Panchayat. Thus, Madanpur having been taken out of that Gram Panchayat and Andehara having been taken out of the other, alongwith another village Benipur which also was originally pertaining to Baikunthpur Katuar Gram Panchayat, constitute now the aforesaid Panchayat called the Madanpur Gram Panchayat.

(3.) It has been stated in this petition that the people of the area concerned were not consulted by publication of notice and beating of drums as required by law. Secondly, that Madanpur and Andehara villages are not contiguous to each other. It is also said that objections were made by the petitioners and there also was a resolution of the Block Development Committee stating its objection to the exclusion of village Andehara from the Parsauni Gram Panchayat and its being attached to the Madanpur Gram Panchayat. The Government, it is said, without consideration of the objections rules otherwise resulting in the order aforesaid. The Block Development Officer also as a logical corollary, ordered Electoral Roll to be prepared accordingly. Hence the grievance of the petitioners.