IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13181 of 2022

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

Karunesh Kumar Mishra son of Late Krishna Ballabh Mishra, Resident of

Village -Shri Shirnia, Ward No. 05, P.O. and P.S. - Gogri, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Urban Development, Government of

Bihar, Patna.

3.

The Principal Secretary, Department of Panchayati Raj, Government of

Bihar, Patna.

4.

The Divisional Commissioner, Munger Division, Munger.

5.

The District Magistrate-cum-District Collector, Khagaria.

6.

The Sub-Divisional Officer, Gogri District- Khagaria.

7.

Block Development Officer, Gogri, District - Khagaria.

8.

The Circle Officer, Gogri, District- Khagaria.

9.

The State Election Commission, Bihar, Patna through its Chairman.

10.

The Chairman, State Election Commission, Bihar, Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s

:

Mr.Roshan Kumar Mishra, Advocate

For the Respondent/s :

Mr.Yogendra Pd. Sinha (AAG-7)

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

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 through Video Conferencing and the

Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 09-09-2022

Heard learned counsel for the parties.

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

“(i) To issue a writ in the nature of

mandamus commanding/directing the Respondents

in particular Respondent No. 5, the District

Magistrate-cum-Collector, Khagaria, not to change

the earlier SIMAKAN (demarcation) published in

Patna High Court CWJC No.13181 of 2022 dt.09-09-2022

2/4

PRARUP in Prapatra-6 under which by

amalgamating the Ward No. 4, 5 and 6 of village-

Shri Shirnia, a new ward is created for the purpose

of extending the Nagar Parishad Gogri Jamalpur in

pursuant to letter No. 1427 dated 11.04.2022

published from the level of State Election

Commission, Bihar Patna for which objections

were invited from the concerned villagers and since

the said SIMAKAN was rightly published by the

authority, so no any objection was raised/submitted

against the said PRARUP, but subsequently in final

publication of Prapatra-6 the earlier SIMAKAN

has been changed despite raising/submitting an

objection by any of the villager of village-Shri

Shirnia and thereby most of the famous places like

Hamara H.P. Petol PumpMathurapur Middle

School, Shri Shirnia, BRC., P.L. Shiksha Niketan,

Mathurapur and National Inter School, Gogri has

been cut down and amalgamated in another Ward

bearing Ward No. 11 although the land of Middle

School, Shri Shrinia and National Inter School,

Gogri were donated by the people of village- Shri

Shirnia and apart from that several religious

palaces were also cut down from earlier published

PRARUP/SIMAKAN in the final publication of

Prapatra-6.

ii. To issue a writ in the nature of

mandamus commanding/directing the Respondent

No. 5 to accept and approved the earlier

SIMAKAN/PRARUP draft published for extending

the Nagar Parishad Gogri Jamalpur for which the

villagers including petitioner has no objection at

all.

Iii. And/or any other relief/reliefs which

this Hon’ble Court may deem fit and proper in the

facts and circumstances of this Case.”

Notification for holding elections of Municipal Bodies

has been issued by the State Election Commission, as such,

present writ petition is not maintainable.

Article 243-ZG of Constitution Bars interference

Patna High Court CWJC No.13181 of 2022 dt.09-09-2022

3/4

by Courts in electoral matters which reads as under:-

Notwithstanding anythi