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2026 DAILYLAW 9679 (PAT)

Mithilesh Rai @ Mithlesh Kumar v. The State of Bihar

CWJC/4771/2026 · 2026-04-06

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4771 of 2026 ====================================================== 1. Mithilesh Rai @ Mithlesh Kumar S/o Dharmnath Rai, R/o Village-Kaituka Nandan (Maker), P.S.-Maker, District-Saran, Bihar. 2. Amod Kumar Nirala, S/o Kailash Prasad Sharma, R/o Village-Rampur Ratnakar (Sarsai), P.S.-Rampur Ratnakar, District-Vaishali, Bihar. 3. Jaymala Kumari, W/o Kumar Vijayaditya, R/o Village-Rani Sarai, P.O.- Bakhtiyarpur, P.S.-Bakhtiyarpur, District-Patna, Bihar. 4. Krishna Kumari Yadav, W/o Ranveer Yadav, R/o Bajrangbali Sadan, Shambhavi Tola, P.O.-Mansi, P.S.-Mansi, District-Khagaria, Bihar. ... ... 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, Patna. 3. The State Election Commission, Bihar, Patna through State Election Commissioner, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate For the Respondent/s : Government Advocate (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 2 06-04-2026 1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. The petitioners have filed the instant application for the following reliefs: “i. Issue a writ in the nature of Mandamus directing the Respondents to undertake lawful re-delimitation/ re-determination of District Parishad, Panchayat Samiti and Gram Panchayat constituencies in accordance with constitutional and statutory provisions before Patna High Court CWJC No.4771 of 2026(2) dt.06-04-2026 2/3 conduct of 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. Declare that continuation of constituencies not meeting statutory population norms is arbitrary and violative of Articles 14 and 243C of the Constitution. iv. Direct the Respondents to consider and dispose of the Petitioners' representations by passing a reasoned and speaking order in a time-bound manner, preferably within a period of 4-6 weeks from the date of receipt/production of this order v. Direct that till such re-determination is completed, further steps for Panchayat Elections 2026 be taken only in conformity with constitutional and statutory mandates. And/or vi. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.” 3. Learned counsel for the petitioners pray for a direction to the respondent the State Election Commission, Bihar, Patna, (respondent no.3) to dispose of the representation filed by the petitioners, brought on record as Annexure P/1 to the application. Patna High Court CWJC No.4771 of 2026(2) dt.06-04-2026 3/3 4. Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of directing the petitioners to file a fresh representation along with the copy of this order within a period of four weeks. 5. On filing of the same, the respondent no.3 shall decide/dispose of the same within a period of two months from the date of its filing. 6. The writ application stands disposed of. Bibhash (Partha Sarthy, J) U