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2022 Supreme(Pat) 272

MADHURESH PRASAD, CHAKRADHARI SHARAN SINGH
Birendra Prasad Yadav, Son of Bhuvneshwari Yadav – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Kumar Kaushik, Advocate Ms. Namrta Dubey, Advocate
For the State : Mr.Shankar Kumar, A.C. to AAG-7
For the State Election Commission :Mr.Sanjeev Nikesh, Advocate

JUDGMENT :

Madhuresh Prasad, J.

Three petitioners in the instant application were the elected Mukhiya of Ramnagar Pharsahi Gram Panchayat, Madhuban Gram Panchayat and Rampur Parihat Gram Panchayat, all in the district of Purnia. They have approached this Court being aggrieved by the process of upgradation/constitution of Nagar Panchayat Jankinagar (Banmankhi) and Nagar Panchayat Rupouli, as also the consequent constitution of the two Nagar Panchayats as being violative of Article 243-Q of the Constitution of India (`the Constitution’, in short) and the provisions of the Bihar Municipal Act, 2007 (`the 2007 Act’, in short).

2. The petitioners’ counsel, at the very outset, submits that in view of the decision of this Court in the case of Usha Devi vs. State of Bihar, reported in 2022 (1) PLJR 833, wherein the Division Bench has dealt with the other issues which the petitioners initially proposed to canvass in these proceedings, the counsel would confine his submissions to the effect that Article 243-Q(2) of the Constitution requires the Governor to specify by public notification the

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