Priya Rani vs The State Of Bihar
2023 Latest Caselaw 2359 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6247 of 2023
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Priya Rani Wife of Rakesh Kumar Resident of Village-Juramanpur, Barari, P.S.-Juramanpur, District -Vaishali, Present up Parmukh, Ragho pur Block, Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Panchayati Raj, Government of

Bihar, Patna.

3. The Principal Secretary, Department of General Administration,

Government of Bihar, Patna,

4. The Director, Department of Panchayati Raj, Government of Bihar, Patna,

5. The Joint Secretary, Department of Panchayati Raj, Government of Bihar,

Patna,

6. The Divisional Commissioner, Tirhut Division, Muzaffarpur.

7. The District Magistrate, Vaishali.

8. The District Panchayati Raj Officer, Vaishali.

9. The Sub-Divisional Officer Cum Public Grievance Redress Officer, Hajipur,

Vaishali.

10. The Block Development Officer Cum Executive Officer, Raghopur, Vaishali.

11. The Pramukh, Raghopur Block, Vaishali.

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

     For the Petitioner/s      :         Mr. Dewanand Tiwari, Advocate

     For the Respondent/s      :         Mr.Ajay ( GA 5 )

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 12-05-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

Patna High Court CWJC No.6247 of 2023 dt.12-05-2023

2. The petitioner, being Up-Pramukh of Raghopur Block

in the District of Vaishali, has filed this writ petition as a Public

Interest Litigation (PIL) seeking directions for conducting an

inquiry in alleged misappropriation and misuse of government

funds meant for development of the Panchayat of Raghopur.

Allegations have been levelled regarding misuse of funds by the

Block Development Officer, Raghopur Block.

3. The Up-Pramukh (petitioner) is elected to the

Panchayat Samiti constituted under Section 34 of the Act. The

powers, functions and duties of the Up-Pramukh, vis-a-vis the

Panchayat Samiti is also defined in Section 43 of the Act. If the

petitioner, being an elected representative in the Panchayat

Samiti, is of the opinion that there is any financial irregularity

being conducted at the Block level, she is not helpless to raise

the issues through the democratic process as per the Act.

4. We do not find any public interest concerning any

marginalized/weaker/inarticulate person or group being

espoused by the petitioner by way of the instant proceedings, for

which, this writ petition be kept pending. We are also of the

opinion that elected representatives cannot be permitted to

indulge in local village politics through the PIL jurisdiction of

this Court under the extraordinary discretionary jurisdiction Patna High Court CWJC No.6247 of 2023 dt.12-05-2023

conferred by under Article 226 of the Constitution of India.

5. The writ petition is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shyambihari/-

AFR/NAFR
CAV DATE
Uploading Date           18-05-2023
Transmission Date