The Prabandhak Committee Through Its ... vs Sardar Amarjeet Singh And Ors on 1 October, 2020
It is evident from this Court's order passed in
Manohar Singh (supra) that for ensuring timely Constitution of
the Committee, it was deemed necessary by the State
Government to issue a notification dated 25. 05. 2010 under
Section 4 (1) of the Bihar State Election Authorities Act, 2008
read with Rule 3 of the Election Rules framed thereunder,
authorizing the Bihar State Election Authority (hereinafter
referred to as the Authority) to initiate and conduct fresh
elections for constituting a new Committee for the shrine.
Certain doubts were raised before the Division Bench of this
Court as to whether the authority will be competent to hold the
election of the Committee as proposed, with the issuance of the
notification dated 25. 05. 2010, which was earlier used to be
conducted by the District Judge Patna. The court clarified that
the District Judge Patna had become the authority for holding
election as per Constitution and By-Laws, on account of
settlement between the parties in a suit decided on 14. 12. 1954.
As the situation had changed and the successive District Judges,
due to some practical difficulties where finding difficulties in
assuming their responsibility of holding election, this Court
approved the proposal of the State government to entrust the
duty of holding election to the State Election Authority. In no
Patna High Court CWJC No.17692 of 2017 dt.01-10-2020
7/29
uncertain terms the Division Bench ruled that as a result of the
notification dated 25. 5. 2010 the State Election Authority
would simply replace the District Judge Patna, as an authority
entitled for holding election in the manner prescribed in the
Constitution and the By-Laws. The Division Bench clarified that
any other role of the District Judge under the Constitution and
the By-Laws such as nominating suitable members shall
continue to be performed by the District Judge and only task of
holding election would now be that of Election Commission
(sic, authority). It is in the background of these facts and
particularly the notification issued by the State government
dated 25.05.2010, under section 4 (1) of the Bihar State Election
Authorities Act, 2008 that election for the Committee is to be
held by the Bihar State Election Authority.