IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7698 of 2009 2. 9.7.2009 1. Sudhir Kumar Ojha son of Sri Krishandeo Ojha, Resident of Village Pathi Lahladpur, PS Sadar, District Muzaffarpur 2. Sita Ram Prasad, son of Sri Ram Sharan Prasad, Resident of Village- Keshopur, P.S. Sakra, District Muzaffarpur 3. Manoj Kumar, son of Rajeshwar Rajak, Resident of Village- Chausima, P.O. Siho, P.S. Sakra, District Muzaffarpur 4. Shankar Sah, son of Sri Munshi Sah, Resident of Village and P.O. Narsinghpur, P.S. Mushahari, District Muzaffarpur PETITIONERS VERSUS 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2. The Secretary, Panchayati Raj, Government of Bihar, Patna 3. The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi through the Chief Election Commissioner 4. The Chief Electoral Officer, Bihar, Patna ------- For the Petitioner : Mr V.K.Singh, Advocate For the State : Mr P.K.Verma, AAG XI For the Election Commission : Mr J.P.Karn, Sr Advocate of India ------ Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Election Commission of India. Petitioners have preferred this writ petition by way of Public Interest Litigation to direct the respondent authorities that voting right be given to Sarpanch and Panch in the matter of electing Members of Legislative Council for the local bodies constituency. On behalf of the respondents it has been pointed out that constitutional provision in Article 171 provides that only 2 1/3rd members of Legislative Council shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify and in the Representation of People’s Act, 1950 Gram Panchayats have been included in the list of local authorities for the aforesaid purpose. Whether Sarpanch and Panch, who are functionaries in the Gram Katchari, the judicial wing of Gram Panchayat, can claim separate voting right is a complex question which needs to be addressed by the Parliament. The Gram Panchayat being the local authority to which Sarpanch and Panch may also claim to belong in difference capacities, has already been included among the other local authorities and entitled to vote for electing Members of Legislative council for local bodies constituency. In our view, the issue raised on behalf of the petitioners is primarily for consideration by the Legislature and the law makers and not for the Court and does not qualify as a Public Interest Litigation. The writ petition is, therefore, dismissed. (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.) sk