Patna High Court
Naveen KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition for bifurcation is dismissed as a stale, politically motivated claim lacking merit.
Summary
The petitioner sought a court order directing the bifurcation of Gram Panchayat Raj Fafaut to create a separate Gram Panchayat Raj Malpur, citing population requirements. He had previously approached the State Election Commission in 2011, which rejected his claim on the basis that the 2001 census data was outdated and that a decision should await the 2011 census. The petitioner did not challenge the 2011 order, nor did he raise the issue during the 2016 and 2021 Panchayat elections. The State argued that the present petition is stale, filed for political motives ahead of the 2026 Panchayat elections, and lacks bona‑fide intent. The court held that the writ petition is without merit, being a delayed and politically motivated claim, and consequently dismissed it.
Issues considered
- Whether a writ petition for bifurcation of a Gram Panchayat is maintainable when the earlier rejection by the State Election Commission has not been challenged.
- Whether the petition is barred by lapse of time and constitutes a stale claim.
- Whether the petition is a proxy litigation filed for political reasons ahead of elections.
Subjects
- Gram Panchayat bifurcation
- Stale claim
- Writ petition
- Census data
- State Election Commission
- Panchayat elections
- Political motivation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1036 of 2026
======================================================
Naveen Kumar S/o Ramjapo Mahto, R/o - Village- Malpur (Chakyadu), P.S.-
Khodawandpur, District- Begusarai.
... ... Petitioner/s
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, cum District Election Officer, Begusarai.
5. The District Panchayati Raj Officer, Begusarai.
6. The Block Development Officer, Begusarai.
7. The Panchayat Secretary Gram Panchayat Raj, Fafaut, Block -
Khodawandpur, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mirityunjay Kumar
For the Respondent/state : Mr. Prabhat Kumar, AC to GA 11
For the Respondent No. 3: Mr. Ravi Ranjan, Advocate
Mr. Girish Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 31-01-2026 1. Heard the parties.
2. The present writ application has been filed for a direction
for bifurcation of Gram Panchayat Raj area namely, Fafaut and
Malpur (Chakyadu) situated in Block - Khodawandpur.
3. The petitioner had earlier in 2011 approached the
concerned authority for bifurcation of Gram Panchayat Raj
Fafaut and create a new Gram Panchayat Raj Malpur on the
basis of population.
Patna High Court CWJC No.1036 of 2026(2) dt.31-01-2026
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4. Learned counsel for the petitioner submits that prior to
1995 Gram Panchayat Raj Fafaut and Malpur both used to be
separate Gram Panchayats in the district of Begusarai and was
earlier amalgamated as one Panchayat namely, Gram Panchayat
Raj Fafaut, whereas, as per population, there was requirement of
two Gram Panchayats after bifurcation of Gram Panchayat Raj
Fafaut. The petitioner had earlier moved before this Court in
PIL and a Division Bench of this Court vide its order dated
06.01.2011 directed the petitioner to approach the State Election
Commission for consideration of the grievance of the petitioner.
The State Election Commission on the basis of a petition filed
by the petitioner instituted Case No. 03 / 2011. The census
report of 2001 was under consideration in the aforesaid petition
and the State Election Commission has rejected the claim of the
petitioner for bifurcation of the Gram Panchayat on 15.03.2011
taking into consideration the fact that decision with regard to
bifurcation of Gram Panchayat shall be considered after
publication of report of census of 2011 on the basis of
population.
5. Learned counsel for the State Election Commission and
State submits that census report of 2011 was published much
earlier but after lapse of about 15 years the petitioner has
Patna High Court CWJC No.1036 of 2026(2) dt.31-01-2026
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approached this Court for bifurcation of Gram Panchayat that
too without challenging the order dated 15.03.2011 passed by
State Election Commission about fifteen years back. Census
report of 2011 was published much earlier and now the census
2026 is to be started. Thus, submission is that the present writ
application is not a bona fide application and has been filed as a
proxy litigation due to political reason inasmuch as 2026
Panchayat Election is going to be held tentatively after
September, 2026.
6. I have heard learned counsel for the parties. The
petitioner did not challenge the order dated 15.03.2011 passed
by the State Election Commission rejecting the claim of the
petitioner on the ground that his claim for bifurcation of Gram
Panchayat was based upon 2001 census and now census report
of 2011 was to be published. During the period of fifteen years
two Panchayat Elections have been held in 2016 & 2021
respectively but the petitioner did not take any step for
challenging the order of rejection dated 15.03.2011 before 2016
& 2021 Panchayat Elections and now the petitioner woke up
from his deep slumber and filed the writ application before the
present Panchayat Election which is likely to be conducted after
September, 2026. The petitioner approached this Court
Patna High Court CWJC No.1036 of 2026(2) dt.31-01-2026
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with a stale claim of bifurcation which was rejected in 2011.
Accordingly, I come to the conclusion that the present writ
application is devoid of any merit and has been filed due to
political reason, as such, this writ application is dismissed.
(Anil Kumar Sinha, J)
praful/-
U
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