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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1036 of 2026

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Naveen Kumar S/o Ramjapo Mahto, R/o - Village- Malpur (Chakyadu), P.S.-

Khodawandpur, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Panchayti Raj, Government of Bihar,

Patna.

3. The Chief Election Commissioner, Bihar State Election Commission, Patna.

4. The District Magistrate, cum District Election Officer, Begusarai.

5. The District Panchayati Raj Officer, Begusarai.

6. The Block Development Officer, Begusarai.

7. The Panchayat Secretary Gram Panchayat Raj, Fafaut, Block -

Khodawandpur, District- Begusarai.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Mirityunjay Kumar

For the Respondent/state: Mr. Prabhat Kumar, AC to GA 11

For the Respondent No. 3: Mr. Ravi Ranjan, Advocate

Mr. Girish Pandey, Advocate

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2 31-01-2026 1. Heard the parties.

2. The present writ application has been filed for a direction

for bifurcation of Gram Panchayat Raj area namely, Fafaut and

Malpur (Chakyadu) situated in Block - Khodawandpur.

3. The petitioner had earlier in 2011 approached the

concerned authority for bifurcation of Gram Panchayat Raj

Fafaut and create a new Gram Panchayat Raj Malpur on the

basis of population.

Patna High Court CWJC No.1036 of 2026(2) dt.31-01-2026

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4. Learned counsel for the petitioner submits that prior to

1995 Gram Panchayat Raj Fafaut and Malpur both used to be

separate Gram Panchayats in the district of Begusarai and was

earlier amalgamated as one Panchayat namely, Gram Panchayat

Raj Fafaut, whereas, as per population, there was requirement of

two Gram Panchayats after bifurcation of Gram Panchayat Raj

Fafaut. The petitioner had earlier moved before this Court in

PIL and a Division Bench of this Court vide its order dated

06.01.2011 directed the petitioner to approach the State Election

Commission for consideration of the grievance of the petitioner.

The State Election Commission on the basis of a petition filed

by the petitioner instituted Case No. 03 / 2011. The census

report of 2001 was under consideration in the aforesaid petition

and the State Election Commission has rejected the claim of the

petitioner for bifurcation of the Gram Panchayat on 15.03.2011

taking into consideration the fact that decision with regard to

bifurcation of Gram Panchayat shall be considered after

publication of report of census of 2011 on the basis of

population.

5. Learned counsel for the State Election Commission and

State submits that census report of 2011 was published much

earlier but after lapse of about 15 years the petitioner has

Patna High Court CWJC No.1036 of 2026(2) dt.31-01-2026

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approached this Court for bifurcation of Gram Panchayat that

too without challenging the order dated 15.03.2011 passed by

State Election Commission about fifteen years back. Census

report of 2011 was published much earlier and now the census

2026 is to be started. Thus, submission is that the present writ

application is not a bona fide application and has been filed as a

proxy litigation due to political reason inasmuch as 2026

Panchayat Election is going to be held tentatively after

September, 2026.

6. I have heard learned counsel for the parties. The

petitioner did not challenge the order dated 15.03.2011 passed

by the State Election Commission rejecting the claim of the

petitioner on the ground that his claim for bifurcation of Gram

Panchayat was based upon 2001 census and now census report

of 2011 was to be published. During the period of fifteen years

two Panchayat Elections have been held in 2016 & 2021

respectively but the petitioner did not take any step for

challenging the order of rejection dated 15.03.2011 before 2016

& 2021 Panchayat El