Patna High Court
Aditi Devi vs The State Of Bihar on 12 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.763 of 2024
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Aditi Devi Wife of Ravi Kumar Resident of Vilage-Dharmbari, Post Office-
Safiyabad, Police Station-Baikunthpur, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Panchayat Raj
Department, Government of Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The District Panchayat Raj Officer, Gopalganj.
4. The Sub Divisional Officer, Baikunthpur, District-Gopalganj.
5. The Clock Development Officer-Cum-Executive Magistrate, Baikunthpur.
6. Urmila Devi, Member Panchayat Samiti, Panchayat Sirsamanpur, Area-15.
Police Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
7. Arun Prasad, Member, Panchayat Pyarepur, Area-29. Police Station-
Baikunthpur, Block-Baikunthpur, District-Gopalganj.
8. Jaibun Khatoon, Member Panchayat Samiti, Panchayat, Bakhari, Area-15.
Police Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
9. Maya Devi, Member, Panchayat Samiti, Panchayat-Katalpupur, Area-15.
Police Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
10. Naina Devi, Member, Panchayat Samiti, Panchayat Dharmbari, Area-10.
Police Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
11. Manish Kumari, Member, Panchayat Samiti, Chimanpura, Area-08. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
12. Priyanka Kumari, Member, Panchayat Samiti, Hamidpur, Area-24. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
13. Sunita Devi, Member, Panchayat Samiti, Bansghat Masuriya, Area-16.
Police Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
14. Kiran Devi, Member, Panchayat Samiti, Parsauni, Area-02. Police Station-
Baikunthpur, Block-Baikunthpur, District-Gopalganj.
15. Jhalu Ram, Member, Panchayati Samiti, Gamhari, Area-25. Police Station-
Baikunthpur, Block-Baikunthpur, District-Gopalganj.
16. Imam Hussain, Member, Panchayat Samiti, Bangra, Area-27. Police Station-
Baikunthpur, Block-Baikunthpur, District-Gopalganj.
17. Ramjee Bhagat, Member, Panchayat Samiti, Reotith, Area-03. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
18. Rehana Khatoon, Member, Panchayat Samiti, Reothi, Area-04. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
19. Saraswati Devi, Member, Panchayati Samiti, Hakam, Area-06. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
20. Harendra Mahto, Member, Panchayat, Samiti, Jagdishpur, Area-23. Police
Station-Baikunthpur, Block-Baikunthpur, District-Gopalganj.
Patna High Court CWJC No.763 of 2024 dt.12-01-2024
2/4
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate.
Mr. Manjeet Kumar Bishen, Advocate.
For the Respondent/s : Mr.Standing Counsel 24
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 12-01-2024
Heard Mr. Miriyunjay Kumar,learned counsel along
with Mr. Manjeet Kumar Bishen, learned cousnel appearing on
behalf of the petitioner and learned SC-24 for the State.
2. Learned counsel appearing on behalf of the
petitioner submits that the requisition was made by the fifteen
members of the Panchayat Samiti Baikunthpur Block out of
twenty nine members.
3. The Block Development Officer cum Executive
Officer has fixed special meeting of 'no confidence motion' on
13.01.2024.
4
. Learned counsel submitted that seven days notice
under Section 46(4) of the Bihar Panchayat Raj Act, 2006
(hereinafter referred to as "the Act") has not been fulfilled and
for non-compliance of mandatory provision, the notice is
required to be quashed.
5. Learned State counsel submits that the petitioner
has remedy before the District Magistrate, Gopalganj under
Section 157 of the Act and no interference can be made by this
Patna High Court CWJC No.763 of 2024 dt.12-01-2024
Court at this stage.
6. Having heard the rival submissions of the parties
as well as the fact that the petitioner has raised preliminary
question that if the notice don't fulfill the terms and conditions
of the statutory provision contained in Section 46(4) of the Act,
the same is fit to be set aside and quashed.
7. In this regard, a co-ordinate Bench of this Court
in the case of Smt. Kiran Sinha Vs. the State of Bihar & Ors.
reported in (2009) 4 PLJR 225 has quashed the notice on the
ground that no clear seven days notice has been provided as per
the requirement of Section 46(4) of the Act. In the present case,
the notice was issued on 05.01.2024 and meeting is to be
convened on 13.01.2024. In the case of Kirna Sinha (supra), in
similar circumstances, the notice was issued on 11.12.2008 and
the date of convening special meeting was fixed on 18.12.2008
and considering the fact to be identical in nature, the notice
dated 05.01.2024 is hereby set aside and quashed.
8. The members of the panchayat samiti may move
a fresh requisition to fix a fresh date of meeting in complying
with the requirement of the Act and the concerned Executive
officer cum Block Development Officer must act in accordance
with law.
Patna High Court CWJC No.763 of 2024 dt.12-01-2024
9. The State counsel is directed to communicate this
order to the District Magistrate, Gopalganj forthwith without it
being pronounced.
10. The writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 12.01.2024
Transmission Date N.A.
