Created by Fuzzy Cloud

Patna High Court

Mithilesh Rai @ Mithlesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioners to file a fresh representation and ordered the State Election Commission to decide on it within two months, thereby disposing of the writ application.

Summary

The petitioners filed a writ application seeking a mandamus directing the State Election Commission and other authorities to re‑delimit District Parishad, Panchayat Samiti and Gram Panchayat constituencies and to rationalize reservation rosters based on updated demographic data, alleging that existing constituencies violate population norms and Articles 14 and 243C of the Constitution. The court heard counsel for both sides and examined the petition. It held that the petitioners must first file a fresh representation containing the copy of the court’s order, and that the State Election Commission must dispose of that representation within two months. Accordingly, the writ application was disposed of with directions for the parties to comply with the stipulated procedure. The order does not grant the substantive relief sought but sets a procedural timetable for the representation and its disposal.

Issues considered

  • Whether the State Election Commission is obligated to undertake re‑delimitation of Panchayat constituencies before the 2026 elections.
  • Whether the continuation of constituencies not meeting statutory population norms violates Articles 14 and 243C of the Constitution.
  • Whether the petitioners are entitled to a writ of mandamus directing the respondents to rationalize reservation rosters based on the 2022‑2023 caste‑based survey.
  • Whether the respondents must dispose of the petitioners' representation within a specified time‑frame.

Subjects

  • Panchayat elections
  • delimitation
  • reservation
  • mandamus
  • writ jurisdiction
  • Article 14
  • Article 243C
  • constitutional law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4771 of 2026
                 ======================================================
           1.     Mithilesh Rai @ Mithlesh Kumar S/o Dharmnath Rai, R/o Village-Kaituka
                  Nandan (Maker), P.S.-Maker, District-Saran, Bihar.
           2.    Amod Kumar Nirala, S/o Kailash Prasad Sharma, R/o Village-Rampur
                 Ratnakar (Sarsai), P.S.-Rampur Ratnakar, District-Vaishali, Bihar.
           3.    Jaymala Kumari, W/o Kumar Vijayaditya, R/o Village-Rani Sarai, P.O.-
                 Bakhtiyarpur, P.S.-Bakhtiyarpur, District-Patna, Bihar.
           4.    Krishna Kumari Yadav, W/o Ranveer Yadav, R/o Bajrangbali Sadan,
                 Shambhavi Tola, P.O.-Mansi, P.S.-Mansi, District-Khagaria, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Panchayati Raj Department, Government of Bihar,
                 Patna.
           3.    The State Election Commission, Bihar, Patna through State Election
                 Commissioner, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kumar Harshvardhan, Advocate
                 For the Respondent/s     :     Government Advocate (10)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   06-04-2026                  1.      Heard learned counsel for the petitioners and

                   learned counsel for the respondents.

                                  2. The petitioners have filed the instant application

                   for the following reliefs:

                                        “i. Issue a writ in the nature of Mandamus
                                        directing the Respondents to undertake lawful
                                        re-delimitation/ re-determination of District
                                        Parishad,   Panchayat      Samiti      and     Gram
                                        Panchayat constituencies in accordance with
                                        constitutional and statutory provisions before
Patna High Court CWJC No.4771 of 2026(2) dt.06-04-2026
                                            2/3




                             conduct of Panchayat Elections 2026.;
                             ii. Direct the Respondents to rationalize and re-
                             determine reservation roster for Panchayats on
                             the basis of updated and legally permissible
                             demographic data including the 2022-2023
                             Caste-Based Survey.
                             iii. Declare that continuation of constituencies
                             not meeting statutory population norms is
                             arbitrary and violative of Articles 14 and 243C
                             of the Constitution.
                             iv. Direct the Respondents to consider and
                             dispose of the Petitioners' representations by
                             passing a reasoned and speaking order in a
                             time-bound manner, preferably within a period
                             of 4-6 weeks from the date of receipt/production
                             of this order
                             v. Direct that till such re-determination is
                             completed, further steps for Panchayat Elections
                             2026     be     taken       only   in   conformity   with
                             constitutional and statutory mandates. And/or
                             vi. For any other order/orders, relief/reliefs for
                             which the petitioner may be entitled in the eyes
                             of law.”
                          3. Learned counsel for the petitioners pray for a

          direction to the respondent the State Election Commission,

          Bihar, Patna, (respondent no.3) to dispose of the representation

          filed by the petitioners, brought on record as Annexure P/1 to

          the application.
          Patna High Court CWJC No.4771 of 2026(2) dt.06-04-2026
                                                      3/3




                                    4. Having heard learned counsel for the parties and

                    having perused the contents of the petition, the writ application

                    is disposed of directing the petitioners to file a fresh

                    representation along with the copy of this order within a period

                    of four weeks.

                                    5. On filing of the same, the respondent no.3 shall

                    decide/dispose of the same within a period of two months from

                    the date of its filing.

                                    6. The writ application stands disposed of.


                                                     (Partha Sarthy, J)

Bibhash

U


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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