IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2757 of 2006 1. RAMESHWAR PRASAD YADAV Son of Late Ram Sharan Yadav, resident of Village-Kosma, P.S.-Chandauti, District- Gaya. 2. Promod Yadav, son of Late Daroga Prasad Rai, resident of Village- Kandi Nawada, P.S.-Chandauti, District-Gaya. 3. Manjit Kumar, son of Chhotelal Yadav, resident of village- Kandi Nawada, P.S. Chandauti, District-Gaya. 4. Nand Lal Yadav, son of Late Nanhku Yadav, resident of village-Kandi Nawada, P.S.-Chandauti, District-Gaya. -----------Petitioners Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Secretary, Urban Development Department, Government of Bihar, Patna 3. The District Magistrate, Gaya, District-Gaya. 4. The Block Development Officer, Nagar Prakhand Gaya, District-Gaya. ---------------------Respondent 1st Set. 5. The Gaya Municipal Corporation, Gaya, through the Mayor. 6. The Mayor, The Gaya Municipal Corporation, Gaya. 7. The Chief Executive Officer, The Gaya Municipal Corporation, Gaya. ---------Respondent 2nd set. 8. The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna through the Secretary. 9. The State Election Commissioner (Panchayat) Bihar, The State Election Commission (Panchayat) Sone Bhawan, Birchand Patel Path, Patna. 10. The Secretary, The State Election Commission (Panchayat) Sone Bhawan, Birchand Patel Path, Patna. ------------Respondent 3rd set. -----------Respondents ---------------------------- 8. 10.02.2011 It appears petitioner no.1 is resident of village Kosma, P.S. Chandauti, District- Gaya. He is not concerned with the cause which has been raised in this petition as such his name is directed to be deleted. 2. Petitioner nos. 2 to 4 are resident of 2 Village Kandi Nawada, P.S. Chandauti in the District of Gaya. They have filed this writ petition asserting that there village was part of Kujapi Gram Panchayat along with two other village Basatpur and Kujapi. Later village Kujapi and Basatpur became part of the Gaya Municipal Corporation. In paragraph no. 27 of the writ petition it has been asserted that village Kandi Nawada, Thana No. 189 is not the part of Gaya Municipal Corporation as the same has not been included in the gazette published for such purpose. In this connection, District Magistrate, Gaya has sought appropriate direction from the State Election Commission under letter no. 92 dated 16th July, 2005 copy whereof is contained in Annexure-6 to this application. 3. Having heard counsel for the parties, I direct the State Election Commissioner to consider the submissions made by the District Magistrate, Gaya in the letter no. 92 dated 16th July, 2005 (Annexure-6) and request appropriate department of the State Government to either include village Kandi Nawada bearing Thana No. 189 as part of Gaya Municipal Corporation provided condition therefore is satisfied or notify the village as separate Gram Panchyat or part of any other Gram Panchyat as 3 early as possible in any case within a period of one month from the date of receipt/production of a copy of this order before the Secretary of the State Election Commission. The writ application is accordingly disposed of. Anand Kr. ( V. N. Sinha, J.)