Reeta Devi @ Rita Devi vs The State Of Bihar
2021 Latest Caselaw 2326 Patna

   IN THE HIGH COURT OF JUDICATURE AT PATNA
              Letters Patent Appeal No. 238 of 2021
                                 In
           Civil Writ Jurisdiction Case No. 7631 of 2020
======================================================

Patna High Court LPA No.238 of 2021 dt.09-06-2021

====================================================== Appearance :

For the Appellant/s : Mr. P.K. Shahi, Sr. Advocate Mr. S.S. Sinha, Advocate Mr. Ajay Kumar Singh, Advocate For the State : Mr. P.N. Shahi, AAG-6 Mr. Mritunjay Kumar, A.C. to AAG-6 For State Election Commission: Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate Mr. Sanjeev Nikesh, Advocate For Private Respondent/s: Mr. Mr. S.B.K. Manglam, Advocate For the Respondents : Mr. Awnish Kumar, Advocate Patna High Court LPA No.238 of 2021 dt.09-06-2021

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 09-06-2021

The present Letters Patent Appeal has been preferred

against the judgment dated 22nd of February, 2021 passed by a

learned Single Judge of this Court in C.W.J.C. No. 7631 of 2020,

titled as Shiv Kumari Yadav Vs. The State of Bihar & Ors.

allowing the writ petition in terms of prayers thereof.

2. The background leading to the filing of the instant

appeal being that for the Block Panchayat Samiti, Ramgarhwa,

elections were held and one Ms. Rita Devi was elected as a

Pramukh, against whom a No Confidence Motion was moved,

leading to her removal in the year 2018, whereafter Smt. Shiv

Kumari Yadav was appointed as the Pramukh, against whom

also, a requisition for removal by way of a No Confidence Patna High Court LPA No.238 of 2021 dt.09-06-2021

Motion was moved on 21st of August, 2020 by 15 members out

of total 24 elected members, however due to non convening of

special meeting by the Pramukh and the Up-Pramukh

requisitionists fixed a date of convening the special meeting on

5th of September, 2020, wherein, the Pramukh i.e. Smt. Shiv

Kumari Yadav stood removed, which action was challenged by

filing a writ petition being C.W.J.C. No. 7631 of 2020 titled as

Shiv Kumari Yadav Vs. The State of Bihar & Ors.

3. Noticeably, before the judgment came to be

delivered by the learned Single Judge, pursuant to the resolution

dated 5th of September, 2020, Smt. Rita Devi, the present

appellant, stood elected as the Pramukh.

4. The learned Single Judge allowed the writ petition

and set aside the proceedings dated 5th of September, 2020 as

also the notice of requisition dated 21st of August, 2020, whereby

petitioner, namely, Smt. Shiv Kumari Yadav stood removed on

the ground of procedural infirmity in convening the meeting by

the requisitionists.

5. Resultantly, the present appeal assailing the

judgment passed by the learned Single Judge. Patna High Court LPA No.238 of 2021 dt.09-06-2021

6. After the matter was heard for some time, with the

consent of the parties, we pass the following order on the

mutually agreeable terms:

(a) The question of law as to whether the provisions of

Section 46(4) can be invoked/applied with respect to proceedings

under Section 44 of the Act, is left open;

(b) The rival contention of the parties that the stand

taken by the writ-petitioner of being unwell, prompting her to

seek deferment of the meeting and also non-receipt of the notice,

are left open, for the judgment otherwise, on facts, needs to be set

aside. Order accordingly.

(c) Parties agree that the resolution dated 21st of

August, 2020 be put to vote in a special meeting which can be

convened within next forty eight (48) hours;

(d) A meeting for such purpose shall be held on 12th

of June, 2021 at 1:30 P.M. at the headquarters of the Block

Panchayat Samiti, Ramgarhwa;

(e) The Block Development Officer-cum-Executive

Officer, Block Panchayat Samiti, Ramgarhwa shall communicate

the order to all the elected representatives of the said Panchayat

Samiti;

Patna High Court LPA No.238 of 2021 dt.09-06-2021

(f) In fact, learned counsel appearing for the respective

parties (in the Letters Patent Appeal/ Writ Petition) undertake to

communicate the order to their clients during the course of the

day;

(g) Needless to add, the meeting is to be presided over

by a person in terms of Section 44(3)(i).

(h) If the Up Pramukh fails or refuses to preside over

the special meeting, it shall be open for 1/3rd of the directly

elected members present in the meeting to choose a person for

presiding over the meeting and carry out the proceedings of

putting the motion to vote;

(i) Needless to add, the voting shall take place only by

way of a secret ballot and the meeting shall not be adjourned in

any circumstances.

(j) If the resolution expressing No Confidence against

the writ-petitioner namely Smt. Shiv Kumari Yadav is carried

through by way of a majority vote, the resultant consequence of

outcome of the meeting shall follow, including restoration of Ms.

Rita Devi as Pramukh;

(k) All Authorities, including the Election

Commissioner shall facilitate the entire process, ensuring

democratic will and process prevail.

Patna High Court LPA No.238 of 2021 dt.09-06-2021

(l) The impugned judgment dated 22nd of February,

2021 passed in C.W.J.C. No. 7631 of 2020, titled as Shiv Kumari

Yadav Vs. The State of Bihar & Ors. stands modified to the

extent indicated above.

7. The Letters Patent Appeal stands disposed of in the

aforesaid terms.

8. Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Sujit/PKP AFR/NAFR CAV DATE Uploading Date 09.06.2021 Transmission Date