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2026 DAILYLAW 14685 (PAT)

Santosh Kumar Jha v. The State of Bihar

CWJC/6244/2026 · 2026-05-11

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6244 of 2026 ====================================================== 1. Santosh Kumar Jha S/o Ganesh Jha, R/O Jitwaria, PS - Kalyanpur, Distt- Samastipur, Bihar - 848302. 2. Nand Kishore, S/o Shri Pashupati Nath Tanti, R/O Hanuman Mandir, PS- Bakhari, Ghaghra, Distt-Begusarai, Bihar - 848201. 3. Yogendra Ray, S/o Late Dorik Ray, R/o C.S.P. Darha, Thansingh, Ward No. 2, PS-Bakhari, PO-B. Bazar, Distt-Begusarai, Bihar - 848201. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Panchayati Raj Department, Government of Bihar. 3. The State Election Commission through State Election Commissioner, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suman Kumar, Adv. Mr. Saubhagya Suman, Adv. Ms. Samridhi Suman, Adv. For the State : Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 For the SEC : Mr. Ravi Ranjan, Adv. Mr. Girish Pandey, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 11-05-2026 Heard learned Advocates appearing for the respective parties. 2. The present writ petition, by way of a Public Interest Litigation, has been filed seeking following relief(s): “(i) For issuance of writ in the nature of mandamus commanding and directing the respondents to undertake lawful Patna High Court CWJC No.6244 of 2026(2) dt.11-05-2026 2/4 de-limitation/re-delimitation of Zila Parishad, Panchayat Samiti and Gram Panchayat constituencies in accordance with constitutional and statutory provisions before conducting Panchayat Elections 2026. (ii) Direct the respondents to rationalize and re-determine reservation roster for panchayats on the basis of updated and legally permissible demographic data including the 2022-2023 Caste-Based Survey. (iii) Declaring that continuation of constituencies not meeting statutory population norms is arbitrary and violative of Article 14 and 243 C of the Constitution of India. (iv) For a direction to the respondents to dispose of the representation of petitioner by passing a reasoned and speaking order in a time-bound manner. (v) For a direction that till such de- limitation is completed, further steps for Panchayat Elections, 2026 be taken only in conformity with constitutional and statutory mandates. (vi) For any other reliefs for which the petitioners are entitled to get.” 3. Learned Advocate for the petitioner submitted that during the years 2021–2022, the State Government constituted/expanded several urban local bodies, namely 154 Patna High Court CWJC No.6244 of 2026(2) dt.11-05-2026 3/4 Nagar Panchayats, 88 Nagar Parishads and 19 Municipal Corporations, thereby increasing the total number of Urban Local Bodies in the State to 261. It is also stated that prior to such exercise, there were 8471 Gram Panchayats in the State of Bihar, which now stand reduced to 8053, as approximately 418 Gram Panchayats have been fully merged into Urban Local Bodies. On account of the aforesaid reasons, several Gram Panchayats have also been partially merged, resulting in fragmented and irregular territorial units; hence, the present writ petition. 4. Per contra, Mr. Ravi Ranjan, learned Advocate for the State Election Commission, has placed on record a Gazette Notification dated 28.07.2025 and submitted that in exercise of powers conferred under Rule X(iv) of the Census Rules, 1990, the Government has resolved that for the Census of 2027, the boundaries of the administrative jurisdiction of all districts, sub- divisions, statutory terms, Gram Panchayats and villages shall not be altered in any manner from December 31, 2025 until March 31, 2027. 5. Having considered the submissions advanced on behalf of the parties and upon perusal of the notification dated 28.07.2025 brought on record, which put an embargo in Patna High Court CWJC No.6244 of 2026(2) dt.11-05-2026 4/4 alteration of boundaries as noted above, this Court does not find any sufficient ground warranting interference in the present matter. 6. Accordingly, the present writ petition stands dismissed. rohit/- (Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) U