IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5213 of 2007 NARENDRA KUMAR RAJ @RAJ KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 05. 25.07.2008 The present writ application has been filed by the petitioner claiming himself to be a resident of Ward No.30 (new) of Saharsa Municipality / Nagar Parishad, making a grievance against the demarcation of different wards of Municipality for the impending Nagarpalika Election to be held in the State of Bihar. The petitioner claims himself to be a prospective candidate in the election. The petitioner is aggrieved by a gazette notification dated 15.3.2007 contained in annexure-1. By virtue of this notification the demarcation for various wards as well as reserving the same based on population figure of 2001 has been made. Petitioner found infirmity in the said exercise on the ground that the demarcation has been done contrary to the guidelines issued by the State Election Commission. It ignores the general public sentiment of the locality and that the said demarcation also breaches the fundamental right of the petitioner. Objections have been taken to the maintainability of the present writ application on many a grounds, (i) that the election has already been held, (ii) that after the draft publication objections were invited from the people at large fixing the time between 20.2.2007 to 5.3.2007 for consideration of the objections. 59 objection petitions were filed. The parties were heard and the draft notification thereafter came to be amended. At no point of time petitioner was one of the objectors before the respondents. It is also stated that exercise has - 2 - been carried out in terms of the directions issued by the Election Commission and there is no infirmity. The present writ application is a misplaced one filed only with the object of earning a few brawny points by the petitioner rather than any serious contention. There is no cogent explanation coming from the petitioner as to why he did not choose to file an objection at the relevant time when the respondents had fixed a time schedule for inviting objections. It is not a case that the authorities rushed to a decision without taking into consideration the grievance of the residents of the area. Further it is not disputed, based on the final publication, the elections of the municipalities have already been held in the State of Bihar. In view of the above, the Court is not inclined to enter into any academic exercise merely at the asking of the petitioner. The petitioner will have an opportunity to raise objections at an appropriate time when the next election is due. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)