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2021 Supreme(Pat) 696

CHAKRADHARI SHARAN SINGH
Vimlesh Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Ajay Prasad, Advocate, Mr. Ajit Kumar Sinha, Advocate, Mr. Kaushal Kumar, Advocate, for the Appellant; Mr. Abbas Haider, S.C.-6, Mr. Ashok Kumar, Advocate, for the Respondent.

JUDGMENT

1. Petitioner No. 1 claims to be elected Mukhiya of Chhatauni Panchayat and petitioner No. 2, that of Aamakuan Panchayat under Tekari Prakhand of district Gaya, who were elected in 2016. They filed this writ application seeking a direction to the Divisional Commissioner, Magadh Division, Gaya, and the District Magistrate, Gaya, to dispose of their objections and representations dated 05.01.2021 filed in response to a notice published in the newspaper daily 'Hindustan' on 27.12.2020 against proposed up-gradation of Nagar Panchayat Tekari into Nagar Parishad by including certain villages including Makhpa, Nisurpur, Chiraili and Jagdishpur of the Gram Panchayats of which the petitioners are Mukhiya. During the pendency of this writ application, Tekari Nagar Panchayat has been up-graded and final notification in this regard has been published.

2. By filing LA. No. 1 of 2021, the petitioners have sought for addition of the State Election Commission, Bihar, through its Secretary as party-respondent as the Election Commission is the body competent to hold the election of the local bodies. Further, they have filed LA. No. 2 of 2021 seeking quashing of the said notification dated 26.

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