Tanveer Alam vs The State Of Bihar
2021 Latest Caselaw 421 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9744 of 2020
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Tanveer Alam, Male, age about 43 years, son of Md. Vadare, Resident of Village - Kamtauliya, Post - Balukaram, P.S. Balukaram, District - Vaishali.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt of Bihar, New Secretariat, Patna.

2. The Deputy Development Commissioner, Vaishali at Hajipur.

3. The District Magistrate, Vaishali at Hajipur.

4. The District Panchayat Raj Officer, Vaishali at Hajipur.

5. The Block Development Officer, Vaishali at Hajipur.

6. Sri Asharfi Paswan, Mukhiya, Gram Panchayat Raj, Mahammadpur, District

- Vaishali.

7. Sri Umanand Rai, Up-Mukhiya, Gram Panchayat Raj, Mahammadpur, District - Vaishali.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Respondent/s : Mr. Kumar Alok, S.C.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 28-01-2021

Heard learned counsel for the petitioner and

learned counsel for the State.

The dispute cropped up in connection with

implementation of 7 Nischay Scheme directed by the Hon'ble

Chief Minister of Bihar. The petitioner is Ward Member of Ward

No.12. A letter dated 04.09.2020 has been issued by the District

Panchayat Raj Officer, Vaishali, wherein it has been recorded

that the petitioner is creating hindrance in implementation of the Patna High Court CWJC No.9744 of 2020 dt.28-01-2021

7 Nischay Scheme and, on that account, the work has not been

started and, as such, for execution or carrying out the work, the

Up-Mukhiya has been made incharge Chairman for the purposes

of implementation of 7 Nischay Scheme. In the said letter, it has

also been mentioned that if Ward Member gives undertaking

that he will carry out the work, in such circumstance, charge

will be handed over to the Ward Member of Ward No.12.

Learned counsel for the petitioner submits that the

petitioner is a Ward Member and he is ex-officio Chairman of

the Committee but, till date no fund has been transferred to the

account of the Committee and, as such, execution of the work of

7 Nischay Scheme could not be initiated. If the fund is not

transferred, the question of implementation of 7 Nischay

Scheme does not arise. He has drawn the attention of this Court

to the amended Rule-16 of the Bihar Ward Sabha and Ward

Implementation and Management Committee Conduct of

Business (Amendment) Rule, 2019, wherein it has been

provided that if the work is not started by the Chairman of the

Committee (Ward Member) in the scheme assigned to the ward

within 45 days of transfer of fund in the account of the

Committee or the Chairman shows no interest or the Chairman

absents himself from his Ward for a long period, the District Patna High Court CWJC No.9744 of 2020 dt.28-01-2021

Panchayat Raj Officer, on the report and recommendation of the

concerned Block Development Officer, may direct that the

account of the Committee shall be operated by jointly signature

of Up-Mukhiya of the concerned Gram Panchayat and Member

Secretary of the Committee till the Ward Member elected from

that ward appears in person before him and gives an undertaking

in writing that he will duly perform his duties and

responsibilities in accordance with the provisions of these

Rules.

Learned counsel for the petitioner further submits

that the petitioner has given undertaking to carry out the 7

Nischay Scheme but, still the fund has not been transferred to

the account of the Committee, so in absence of fund, the

question of commencement of work does not arise.

In such view of the matter, let the petitioner file a

representation before District Panchayat Raj Officer, Vaishali at

Hajipur, bringing all these facts to his notice, within a period of

two weeks from today, in turn, the District Panchayat Raj

Officer, Vaishali at Hajipur, will examine the facts and if it is

found that the fund has not been transferred to the account of the

Committee, he will ensure the transfer of the fund to the account

of the Committee and the petitioner, who is the Ward Member, Patna High Court CWJC No.9744 of 2020 dt.28-01-2021

will be obliged to carry out the aforesaid work without any

delay.

Till the disposal of the representation filed by the

petitioner, the letter dated 04.09.2020 issued by the District

Panchayat Raj Officer, Vaishali, shall be kept in abeyance.

With the aforesaid observations and directions, this

writ petition stands dispose of.

(Shivaji Pandey, J)

pawan/-

AFR/NAFR                N.A.F.R.
CAV DATE                N/A.
Uploading Date          29.01.2021
Transmission Date       N/A.