Patna High Court
Bharat Prasad vs The State Of Bihar on 2 February, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2030 of 2024
======================================================
Bharat Prasad Son of Late Bindeshwari Sah Resident of Village- Patkhauli,
Ward No. 14, P.O.- Mushahari, P.S.- Yogapatti, District- West Champaran at
Bettiah, Presently Pramukh, Block Panchayat Samiti, Yogapatti, District-
West Champaran at Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary,Panchayati Raj Department, Government of
Bihar, Patna.
3. The District Magistrate, West Champaran at Bettiah, District- West
Champaran at Bettiah.
4. The District Panchayat Raj Officer, West Champaran at Bettiah, District-
West Champaran at Bettiah,
5. The Block Development Officer-cum-Executive Officer, Block Panchayat
Samiti, Yogapatti, District- West Champaran at Bettiah,
6. Manju Devi Wife of not known to the Petitioner Presently Up-Pramukh,
Block Panchayat Samiti, Yogapatti, P.O. and P.S.- Yogapatti, District- West
Champaran at Bettiah,
7. Ram Prabha Devi Wife of not known to the Petitioner The Elected Member
of Block Panchayat Samiti, Yogapatti through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and
P.S.- Yogapatti, District- West Champaran at Bettiah.
8. Subhagwati Devi wife of not known to the Petitioner The Elected Member
of Block Panchayat Samiti, Yogapatti through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and
P.S.- Yogapatti, District- West Champaran at Bettiah.
9. Meena Devi Wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
10. Chhotelal Manjhi Son of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
11. Bhanu Yadav son of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
12. Dhurendra Sah son of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
13. Naresh Prasad Son of not known to the Petitioner The Elected Member of
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
2/7
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
14. Akali Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
15. Munni Devi wife of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
16. Tara Devi wife of not known to the petitioner The Elected Member of Block
Panchayat Samiti, Yogapatti through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
17. Guriya Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
18. Mobina Khatoon wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
19. Manorma Devi wife of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
20. Gayatri Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
21. Sheela Devi wife of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
22. Malti Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
23. Yogesh Prasad son of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
24. Santosh Baitha son of not known to the p0etitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
3/7
25. Chinta Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
26. Rustam Alam son of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
27. Manju Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
28. Sunil Yadav son of not known to the petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
29. Aisa Khatoon wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
30. Ram Shankar Prasad son of not known to the Petitioner The Elected
Member of Block Panchayat Samiti, Yogapatti through the Block
Development Officer-cum-Executive Officer, Block Panchayat Samiti,
Yogapatti, P.O. and P.S.- Yogapatti, District- West Champaran at Bettiah.
31. Sushila Devi wife of not known to the Petitioner The Elected Member of
Block Panchayat Samiti, Yogapatti through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Yogapatti, P.O. and P.S.-
Yogapatti, District- West Champaran at Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate
Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Md. Kamil Akhtar, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 02-02-2024
Heard Mr. S.B.K. Manglam, learned counsel
appearing on behalf of the petitioner and Mr. S. Raza Ahmad,
learned AAG -5 for the State.
2. Petitioner has filed the writ petition for following
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
4/7
relief(s):
"(I) For issuance of an appropriate writ in the
nature of CERTIORARI for quashing the requisition dated
09.01.2024
signed by 16 elected members of Block Panchayat
Samiti, Yogapatti addressed to the petitioner but submitted in the
office of Respondent no. 5 on 09.01.2024, whereby and where
under the signatory members had made a grievance from the
petitioner to convene the special meeting of the Block Panchayat
Samiti for consideration of their No Confidence Motion against
the petitioner.
(II) For issuance of an appropriate writ in the
nature of CERTIORARI for quashing the notice of the special
meeting issued under the signature of the Respondent no. 5 and
contained in his letter no. 53 dated 24.01.2024 whereby and
where under he has been pleased to inform the petitioner about
the special meeting of Block Panchayat Samiti convened on
03.02.2024 for consideration of No Confidence Motion against
the petitioner.
(III) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for which the writ
petition would be found entitled under the facts and
circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner submitted that the requisitionists have not personally
presented the requisition which was received in the office of the
Block Development Officer on 09.01.2024 and the petitioner
came to know about the requisition that 16 elected members of
the Panchayat Samiti have called for special meeting of 'No
Confidence Motion' against the petitioner on frivolous charges,
which is in violation of Section 44 (3) (iv) of the Bihar
Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act')
and based on the said requisition, the Block Development
Officer in connivance with the interested requisitionists has
fixed the date of special meeting on 03.02.2024, which is not in
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
accordance with the provision of Sections 44 (3) (i) (iv) of the
Act. Learned counsel in these background submitted that the
Block Development Officer is only required to fix a date on the
basis of the recommendation of the Pramukh or Up-Pramukh or
the requisitionists, as the case may be, as in terms of Section 44
(3) (i) of the Act. The action of the Block Development Officer
can be considered to be not in accordance with law as he instead
of directing the requisitionists to present the requisition before
the petitioner, who is the Pramukh, has proceeded to notify the
special meeting of 'No Confidence Motion' on 03.02.2024. The
notice is also devoid of any circumstances being dealt with the
Block Development Officer dealing with the preliminary fact
before he has exercised his jurisdiction in issuing notice that
such request was made by him to the requisitionists.
4. Learned counsel for the State submits that the
petitioner cannot bypass the provision of the Act, especially, the
provisions contained in Section 44 of the Act, which is required
to hold a special meeting once he comes to the knowledge that a
requisition has been made for calling of special meeting of 'No
Confidence Motion' against him. Petitioner has deliberately
tried to mislead this Court by making a statement that the
requisition was never made to him by the requisitionists.
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
5. Having considered the rival submissions made on
behalf of the parties, as well as, the notice contained in Letter
No. 25 dated 09.01.2024 issued under the signature of Block
Development Officer-cum-Executive Officer, Yogapatti, West
Champaran. According to Section 44 (3) (i) of the Act, a
requisition is required to be served to the Block Development
Officer notifying for issuing notice to the elected members of
the Panchayat Samiti including the Pramukh and Up-Pramukh
the date of meeting.
6. I have perused the notice. The notice don't contain
that the said notice has been served upon the elected members
after having dealt the jurisdictional fact. The Block
Development Officer was required to first satisfy himself before
issuing notice by dealing with the jurisdictional fact. In this case
requirement was that, as to whether, the record reveals that no
requisition was made before the Pramukh, who is the petitioner
in this case.
7. The existence of jurisdictional facts is sine qua non
or a condition precedent to the assumption of jurisdiction by a
Court, Tribunal or Authority. The Apex Court in the case of
Carona Ltd. v. Parvathy Swaminathan & Sons, (2007) 8
SCC 559, has held as follows:-
Patna High Court CWJC No.2030 of 2024 dt.02-02-2024
"27. Stated simply, the fact or facts upon
which the jurisdiction of a court, a tribunal or an
authority depends can be said to be a
"jurisdictional fact". If the jurisdictional fact exists,
a court, tribunal or authority has jurisdiction to
decide other issues. If such fact does not exist, a
court, tribunal or authority cannot act. It is also
well settled that a court or a tribunal cannot
wrongly assume existence of jurisdictional fact and
proceed to decide a matter. The underlying principle
is that by erroneously assuming existence of a
jurisdictional fact, a subordinate court or an
inferior tribunal cannot confer upon itself
jurisdiction which it otherwise does not posses."
8. Considering the fact that in absence of any
jurisdictional fact clearly stated in the notice, the notice
contained in Annxure-P-2 is hereby set aside and quashed and
consequential communication contained in Letter No. 53 dated
24.01.2024 is also set aside and quashed.
9. The petitioner, who came into the knowledge of the
requisition and charges levelled against him on 09.01.2024 must
not refrain from special meeting of 'No Confidence Motion'
which is to be held on 03.02.2024.
10. Accordingly, the writ petition stands disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 02.02.2024
Transmission Date N/A
