Advocates:
['MAYURI', '', 'Kamleshwar Pandey', 'Pawan Kumar AC to AG', '', 'Prasoon Sinha', 'Sanjeev Nikesh']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8435 of 2022

======================================================

Binod Kumar, S/o Kamta Prasad Sharma, R/o Nagala Main Road, Malsalami,

Patna City, Nagala, Bihar- 800008.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary.

2.

The State Election Commissioner, Bihar Through the State Election

Commissioner, Bihar.

3.

The Patna Municipal Corporation through its Municipal Commissioner.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Ms.Mayuri, Advocate

Mr. Kamleshwar Pandey, Advocate

For the Respondent/s

:

Mr. Pawan Kumar, AC to AG

Mr. Prasoon Sinha, Advocate

Mr. Sanjeev Nikesh, Advocate

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted by Hon’ble the Chief

Justice /Hon’ble Judges through Video Conferencing from their

residential offices/residences. Also, the Advocates and the Staffs joined

the proceedings through Video Conferencing from their residences

/offices.)

Date : 24-06-2022

Petitioner has prayed for the following relief(s):-

“That this application on behalf of the

petitioner for issuance of a writ in the nature of

mandamus or any other appropriate Writ(s),

Order(s), Direction(s) to direct the Respondent

authority to ensure that the election to the

Municipal Bodies are conducted on time before

the expiration of the term of the existing Body.

Patna High Court CWJC No.8435 of 2022 dt.24-06-2022

2/7

To issue a writ in the nature of mandamus

or any other appropriate Writ(s), Order(s),

Direction(s) to direct the Respondent authority to

expedite the process of election to the Municipal

Bodies so as to avoid the mischief of delaying the

process of election and allowing the nominated

bodies to continue.

To issue a writ in the nature of

mandamus or any other appropriate Writ(s),

Order(s), Direction(s) to direct the Respondent

authority to justify as to under what circumstances

the initiation of the process of election is being

delayed in the State of Bihar despite the fact that

the date on which the election had to be conducted

was known to the Authorities since long.”

Learned counsel for the State submits that the issue

raised in this PIL can be best resolved at the local level by the

appropriate authorities.

After the matter was heard for some time, learned

counsel for the petitioner, under instructions, states that

petitioner shall be content if a direction is issued to the

respondent no. 2, The State Election Commission, Bihar

through the State Election Commissioner, Bihar to consider and

decide the representation, which the petitioner shall be filing

within a period of four weeks from today for redressal of the

grievance(s).

Patna High Court CWJC No.8435 of 2022 dt.24-06-2022

3/7

Learned counsel for the respondents states that if such a

representation is filed by the petitioner, the authority concerned

shall consider and dispose it of expeditiously and preferably

within a period of four months from the date of its filing along

with a copy of this order.

Statement accepted and taken on record.

The Hon’ble Supreme Court in D. N. Jeevaraj Vs.

Chief Secretary, Government of Karnataka & Ors, (2016) 2

SCC 653, paragraphs 34 to 38 observed as under:-

“34. The learned counsel for the parties addressed us

on the question of the bona fides of Nagalaxmi Bai in filing a

public interest litigation. We leave this question open and do

not express any opinion on the correctness or otherwise of the

decision of the High Court in this regard.

35. However, we note that generally speaking,

procedural technicalities ought to take a back seat in publ