Created by Fuzzy Cloud

Patna High Court

Naveen KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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approached the State Election Commission in 2011, which rejected his claim on the basis that the 2001 census data was outdated and that a decision should await the 2011 census.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
                                            2/4




               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
                                            3/4




          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
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.