IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.952 of 2011 RAM PRAKASH DAS & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2. 28.01.2011 Heard learned Counsel for the petitioners and the learned Counsel for the State as also the learned Counsel for State Election Commission. The petitioners are stated to be residents of Begusarai Nagar Parishad. They are aggrieved by the conversion of the Parishad into a Municipal Corporation and assail the notification for holding of elections to the Municipal Corporation. Shri Mangalam appearing for the petitioners submits that notwithstanding the fact that the petitioners may not have filed any objection to the draft notification before final declaration as a Municipal Corporation that shall not absolve the authorities of their duties to comply all mandatory requirements of Section 3 of the Bihar Municipal Act, 2007. Referring to the counter affidavit he submits that the report of the District Magistrate based on which the decision of the Government has been taken is not complete in all respect. Counsel for the State from the counter affidavit urges that the State had full materials before it in the form of report of the District Magistrate confirming that over 75 percent people were engaged in non agricultural vocation. Those who had filed objections, the same have been considered as mentioned in the final notification. The petitioners had not filed any objection. The writ petition states at Para 7 that the petitioners had filed objection within time i.e. one month as mentioned in the draft publication. The counter affidavit in Para 8 mentions details of the persons who had filed objections. The petitioners are not amongst them. There is no rejoinder to the counter affidavit. If under a statutory provision, the petitioners had a right to file objections and were fully aware of the draft publication but willfully and consciously waived that statutory right, the Court in exercise of its discretionary powers under Article 226 is not persuaded to accept the submission that notwithstanding the waiver, the writ Court may still interfere In absence of any objection filed and the stand taken in the counter affidavit of due consideration of the objections filed, in so far as the facts and circumstances of the present case are concerned, the Court finds no merit in the application. The writ application stands dismissed. Snkumar/- (Navin Sinha,J.)