Patna: With Patna High Court likely to pronounce its verdict on May 15 on the genuineness of the dedicated Commission constituted by Bihar government to ascertain the political backwardness of the backward community, uncertainty loomed large on the fate of Bihar Municipal Elections 2022 even after the elected public representatives have taken their oath last year.
A single bench of justice Satyavrat Verma has directed the advocate general P K Shahi to place the governments side and furnish the entire documents related to the matter before the court by May 15. The court may deliver its verdict the same day.
Following the direction of Supreme Court, one Sunil Kumar Yadav had filed a fresh petition before Patna High Court on March 3, 2023 challenging the validity of the dedicated Commission constituted by the state government to find out the political backwardness of the backward community.
Appearing on behalf of the petitioner in Patna high court, the senior counsel Rahul Shyam Bhandari drew the attention of the court towards the discrepancies and anomalies of the dedicated Commission which he pleaded was not at all dedicated one.
Earlier the Supreme Court in its order issued on November 28, 2022 had refused to consider the dedicated Commission constituted by the Bihar government as "dedicated commission".
However, a typo in the said order of the Supreme court was analysed politically in Bihar triggering bro haha in the corridors of politics. Instead of extremely backward it was mistakenly mentioned as economically backward in the said judgement of the apex court.
Meanwhile Bihar government is now in favour of shifting the case from single bench to a division bench in the high court on the ground of the sensitivity of the matter.
Earlier the state government conducted the Municipal Elections last year in December and the results were also declared immediately. The elected public representatives had already been administered the oath.
In this election the provisions of reservation were ignored after which the petitioner Sunil Kumar had filed a writ before the Patna High Court. Through the petition, the petitioner had tried to draw the attention of the court towards flouting of the triple testing rules of the supreme court for reservation.
The Patna High Court staying the election which was to be held in October last year, had directed the state government to constitute an extremely backward Commission.
It maybe recalled that the state government constituted the commission in haste which submitted its report within 2 months after which the election dates were announced which was conducted accordingly.
Later the petitioner, challenging the validity of the commission filed a petition before the supreme court which heard the matet on January 20, 2023 after completion of the entire election process.
Meanwhile some of the Legal Experts opined that the election results would not be cancelled as the matter is related to the genuineness of the Commission constituted by the state government.
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