Kumari Meera Sinha @ Kumari Meer ... vs The State Of Bihar
2021 Latest Caselaw 4557 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7382 of 2020
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Kumari Meera Sinha @ Kumari Meer Sinha son of Sri Rajesh Kumar Sinha resident of Village and P.O. Chhabilapur, P.S. Manpur, District- Nalanda at Biharsharif, presently Chairman of Zila Parishad, Nalanda at Biharsharif.

... ... 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 District Magistrate, Nalanda at Biharsharif, District- Nalanda at Biharsharif.

4. The Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

5. Sangita Kumari wife of not known to the petitioner, Presently Vice Chairman, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

6. Narottam Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

7. Purushottam Jain son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

8. Balmukund Paswan son of not known to the petitioner The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

9. Anirudh Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

10. Bipin Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

11. Sunita Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

12. Kamlesh Paswan son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

13. Parvati Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

14. Purushottam Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

15. Pratima Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

16. Manju Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

17. Gauri Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

18. Satyendra Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

19. Suraj Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

20. Anshu Kumari wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

21. Sita Ram Prasad son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

22. Vimal Paswan son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

23. Neelam Kumari wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

24. Manju Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

25. Anita Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

26. Chandra Kala Kumari wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

27. Meera Kumari wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

28. Kapil Prasad son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

29. Anita Sinha wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

30. Pratima Sinha wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

31. Raghunath Ram son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

32. Ranvir Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

33. Yashoda Devi wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

34. Sheela Kumari wife of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

35. Niranjan Kumar son of not known to the petitioner, The Member of Zila Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

36. Tanjua Kumari wife of not known to the petitioner, The Member of Zila Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

Parishad, Nalanda at Biharsharif through the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif, P.O. and P.S. Biharsharif, District- Nalanda at Biharsharif.

37. State Election Commission (Panchayat).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s : Mr. Kumar Alok, SC-7 Mr. Amit Srivastava, Sr. Advocate Mr. Awadhesh Kr. Sinha, Advocate Mr. Kumar Mritunjay Narain, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 09-09-2021

The petitioner was elected as Adhyaksha of Zila

Parishad on 08.08.2018. She has filed this writ application

seeking a direction to the Deputy Development Commissioner-

cum- Chief Executive Officer, Zila Parishad, Nalanda at

Biharsharif to bring on record the decision of the District

Magistrate, Nalanda whereby he had fixed the date of special

meeting of Zila Parishad for bringing No Confidence Motion

against the her. She has sought for quashing of the notice dated

22.08.2020, issued by Respondent No. 4 convening the said

special meeting on 01.09.2020. This writ application was

registered on 29.08.2020.

2. It is the petitioner's case that she learnt for the first

time through reading a news item published in a local daily on

09.08.2020 that 18 members of Zila Parishad had submitted their Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

requisition to the petitioner as well as Respondents No. 3 and 4

for convening a special meeting for bringing No Confidence

Motion. The petitioner asserts in the writ petition that at no point

of time any attempt was made by the requisitionists to serve a

copy of requisition requesting the petitioner to convene special

meeting.

3. On 01.09.2020, a special meeting was held as

convened by the District Magistrate, Nalanda and notified by the

Deputy Development Commission in which resolution of No

Confidence Motion has been passed against the petitioner. The

petitioner has questioned the legality of the said resolution of No

Confidence Motion having been passed against her by seeking

amendment in the writ petition through I.A. No. 01 of 2020.

4. Considering the facts and circumstances, I.A. No. 01

of 2020 is allowed and accordingly the relief sought by the

petitioner in the original writ petition stands amended by allowing

the petitioner to question the correctness of the said resolution of

No Confidence Motion passed against her.

5. There are two aspects of the matter which need to be

kept in mind while considering the petitioner's challenge to the

impugned action. The tenure of panchayats constituted by the

general elections in the 2016 expired in June 2021. Because of Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

COVID-19 pandemic, the election of the said bodies could not be

conducted and, therefore, transitional provisions have been made

under Bihar Panchayat Raj Act, 2006 (hereinafter referred to as

'the Act') by Bihar Panchayat Raj (Amendment) Act, 2021

postulating constitution of advisory committees in place of

dissolved panchayats/Zila Parishads during the interregnum

period, as per the notification issued by the State Government for

the said purpose.

6. For Zila Parishad relevant provision has been

incorporated by adding sub-section (5) after sub-section (5) of

Section 66 of the Act. The outcoming Adhyaksha of Zila

Parishad upon dissolution of Zila Parishad by virtue of lapse of

time becomes a part of the Advisory Committee. Admittedly, if

the petitioner succeeds in this matter, the only relief which she

can get is that she may become part of the said Advisory

Committee constituted in place of dissolved Zila Parishad.

7. Gram Panchayat and Gram Kutchery elections have

been notified on 24.08.2021. The election dates have been

announced from 24.09.2021 to 12.12.2021.

8. Secondly, my attention has been drawn to the two

orders passed by this Court dated 24.06.2021 and 25.06.2021 in

CWJC No. 7693 of 2020 and CWJC No. 8641 of 2020 Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

respectively, whereby a coordinate Bench of this Court has

passed the following order :-

"Heard Mr. S.B.K.

Manglam, learned counsel for the petitioner and Mr. Amit Shrivastava, learned counsel for the Election Commission assisted by Mr. Sanjeev Nikesh.

2. It is admitted position that the tenure of the Panchayat Officer has out lived. Now the office of the Panchayat as Mukhiya and Up-

mukhiya is vacant on account of expiry of the tenure and in view of the above, the issue with regard to the legality and validity of removal raised in the present proceeding has lost its relevance and, as such, the Court can not decide the academic issue.

3. In the facts and circumstances of the case, the Court is of the view that the issue raised in the present writ application has become irrelevant."

9. Despite the aforesaid view expressed by the

coordinate Bench of this Court Mr. Manglam, learned counsel for

the petitioner has ventured to make his submissions to challenge

the impugned action relying on the legal as well as the factual

aspects.

10. He has made two broad submissions. Firstly,

according to him, when the requisitionists had made their Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

requisition on 08.08.2020, the petitioner had not completed two

years of term in the office of Adhyaksha of Zila Parishad, which

is a condition precedent for invoking the provision under Section

70(4) of the Act. Secondly, the requisitionists did not deliver the

requisition for convening special meeting in accordance with

clause (i) of sub-section (4) of Section 70 of the Act before

transmitting a copy to the District Magistrate.

11. So far as the first challenge is concerned, in Court's

opinion, the same deserves to be outright rejected as the language

of clause (ii) of sub-section (4) of Section 70 of the Act requires

that No Confidence Motion shall not be moved against

Adhyaksha during first two year period of the tenure. The No

Confidence Motion was admittedly moved in the present case on

01.09.2020, whereas the petitioner was elected as Adhyaksha on

08.08.2018. Signing or delivery of requisition, as contemplated

under Clause (1) of sub-section (4) of Section 70 of the Act,

cannot be treated to be the date of movement of No Confidence

Motion within the meaning of sub-clause (ii) of sub-section (4) of

Section 70 of the Act. In any view of the matter, the petitioner had

admittedly completed two years on 07.08.2020 upon her election

on 08.08.2018 as Adhyaksha of Zila Parishad.

12. On the question as to whether the requisition was Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

delivered to the petitioner or not, it has been asserted by the

petitioner that she learnt only through newspaper reports

published on 09.08.2020 but the requisition was in fact was never

delivered to her.

13. It is the case of the respondents, as emerging from

the averments made in the counter affidavit that the requisition

was delivered to a Clerk in the office of the Zila Parishad who

had handed the same over to the official peon of the petitioner.

The peon is said to have handed over the requisition to the

daughter-in-law of the petitioner as instructed by the petitioner.

14. Mr. Manglam, learned counsel appearing on behalf

of the petitioner has argued that evidently the requisition was not

delivered to the petitioner by the requisitionists who are

attempting to make out a false case of compliance of requirement

of delivery of requisition by creating stories and fabricating

documents. He has taken this Court to the pleadings and counter

pleadings on record to contend that the requirement of delivery of

requisition, as contemplated under the provisions of the Act, was

not fulfilled.

15. Mr. Kumar Alok, learned SC-7 for the State has

submitted that since a coordinate Bench of this Court has taken a

view that with the term of the Panchayat Body itself coming to an Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

end, the question of legality or otherwise of passing of No

Confidence Motion has become academic and lost its relevance,

this court may decline to go into the merits of the case as it will

serve no purpose.

16. Mr. Amit Srivastava, learned Senior Counsel for

the State Election Commission has argued that from the

petitioner's own showing she had knowledge about the fact that

members of Zila Parishad had filed requisition for convening

special meeting to move no confidence motion, though through

media reports. In such circumstance, he contends that the plea

taken by the petitioner that a copy of requisition was not available

to her is highly improbable and is unacceptable.

17. In reply, Mr. Manglam has submitted that unless

delivery of requisition is in accordance with the statutory

requirement the same cannot be treated to be valid for the purpose

of invoking the provisions under Section 70(4) of the Act.

18. Considering the nature of pleadings available on

record the question as to whether the petitioner had in fact

received the requisition and was delivered under her instructions

has become disputed question of fact which cannot be gone into

at this stage when the elections have already been notified.

Secondly, the constitution of Advisory Committee of Zila Patna High Court CWJC No.7382 of 2020 dt.09-09-2021

Parishad after dissolution of Panchayat bodies with the expiry of

term is a fortuitous circumstance.

19. In the given facts and circumstances of the case, I

am not inclined to entertain this writ application only for the

purpose of her desired inclusion in the Advisory Committee

constituted till the elections are held since the election has already

been announced.

20. It has rightly been pointed out by Mr. Kumar Alok,

learned SC-7 that in any view of the matter, the questions raised

by Mr. Manglam has become academic.

21. Considering the facts and circumstances, this writ

application is dismissed.

(Chakradhari Sharan Singh, J) Rajesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.09.2021
Transmission Date       NA