IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.289 of 2011 Naveen Kumar, Son of Ramjapo Mahto, R/o village Chakyadu P.s. Khodawandpur, District Begusarai ……. Petitioner Versus 1. The State Of Bihar, through its Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Department of Panchayti Raj, Government of Bihar, Patna 3. The chief election Commissioner, Bihar State Election Commission, Patna 4. The District Magistrate, Begusarai 5. The District Panchayati Raj Officer, Begusarai 6. The Block Development Officer, Khodawndpur, District Begusarai 7. The Panchayat Secretary Gram Panchayat Raj, Fafaut, Block – Khodawandpur, District Begusarai ….. Respondents ----------- For the petitioner : M/s Kundan Kumar & Ranjeet Kumar, Advocates For the State : Mr. Ajay , S.C. 9 For the State Election : Mr. R.S.Pradhan, Sr. Advocate ------ 2 06.01.2011 Heard the parties. Learned counsel for the petitioner submits that the grievance of the petitioner that a particular Panchayat should be reconstituted or divided should be promptly addressed by the District Magistrate of Begusarai where the concerned Panchayat is situated or by the State Election Commission in view of provision under Section 11 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘the Act’). 2 Learned counsel for the State is correct in submitting that under Sub Section (1) of Section 11 of the Act the District Magistrate can act only under the orders of the State Government. In the present case there is no order of the State Government requiring action by the District Magistrate in the matter. Learned counsel appearing for the State Election Commission has submitted that power is available to the Commission under Sub Section (2) of Section 11 of the Act but that is a limited power and under that the Commission can only look into the legality or justification of an existing Gram Panchayat already constituted. Learned counsel for the petitioner submits that petitioner’s grievance can be looked into by the Commission under the powers available under Sub Section (2) of Section 11 of the Act. In the facts of the case writ petition is disposed of with liberty to the petitioner to approach the Commission afresh along with a copy of this order. The Commission is expected to apply its independent mind to the grievance of the petitioner and deal with the 3 same in accordance with law. It is made clear that we have not gone into the merit of the case. Spd/- (Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan, J.)