Patna High Court
Sarita Kumari vs The State Of Bihar on 16 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.867 of 2024
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Sarita Kumari Wife of Santosh Kumar Resident of Purnadih, P.O.- Nanaura,
P.S.- Nawada, District Nawada. ... ... 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 Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
4. The Director, Panchayati Raj Department, Government of Bihar, Patna.
5. The District Magistrate Nawada, District- Nawada.
6. The Additional Collector (Panchyati Raj) Nawada, District- Nawada.
7. The Block Development Officer cum Executive Officer, (Panchayat Samiti)
Nawada Sadar, District- Nawada.
8. The Panchayat Samiti Nawada Sadar, through its Executive Officer
(Panchayat Samiti) Nawada Sadar, District- Nawada.
9. Gaijanti Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Paura Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
10. Sabo Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Bhadokhra Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
11. Sunita Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Kharat Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
12. Manju Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Bhadokhra Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
13. Veena Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Samay Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District- Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
14. Vimla Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Samay Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District- Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
15. Babita Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Kena Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District- Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
16. Vijay Nonia, son of Not known to Petitioner, elected Panchayat Samiti
member (Aati Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
Patna High Court CWJC No.867 of 2024 dt.16-01-2024
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District Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
17. Prahalad Kumar, son of Not known to Petitioner, elected Panchayat Samiti
member (Quadirganj Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
18. Uma Snkar Prasad son of Not known to Petitioner, elected Panchayat Samiti
member (Loharpura Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
19. Naresh Paswan, son of Not known to Petitioner, elected Panchayat Samiti
member (Sonsihari Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
20. Pooja Kumari, wife of Not known to Petitioner, elected Panchayat Samiti
member (Mahuli Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
21. Rinki Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Jamua Pahwasarai Panchayat), resident of (Panchayat Samiti)
Nawada Sadar, District Nawada through Executive Officer (Panchayat
Samiti) Nawada Sadar, District- Nawada.
22. Bineshwar Yadav, son of Not known to Petitioner, elected Panchayat Samiti
member (Bhagwanpur Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
23. Pintu Kumar, son of Not known to Petitioner, elected Panchayat Samiti
member (Auraina Panchayat), resident of (Panchayat Samiti) Nawada Sadar,
District- Nawada through Executive Officer (Panchayat Samiti) Nawada
Sadar, District- Nawada.
24. Santosh Kumar, son of Not known to Petitioner, elected Panchayat Samiti
member (Bhagwanpur Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
25. Jirain Devi, wife of Not known to Petitioner, elected Panchayat Samiti
member (Bhadokhra Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
26. Dilip Kumar, son of Not known to Petitioner, elected Panchayat Samiti
member (Quadirganj Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
27. Yugal Ravida, son of Not known to Petitioner, elected Panchayat Samiti
member (Jhunathi Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
28. Nahida Khatoon, wife of Not known to Petitioner, elected Panchayat Samiti
Patna High Court CWJC No.867 of 2024 dt.16-01-2024
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member (Sonsihari Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
29. Lallu Kumar, son of Not known to Petitioner, elected Panchayat Samiti
member (Bhadokhra Panchayat), resident of (Panchayat Samiti) Nawada
Sadar, District- Nawada through Executive Officer (Panchayat Samiti)
Nawada Sadar, District- Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate
Mr. Akhilesh Kumar, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard Mr. Md. Anis Akhtar, learned counsel
appearing on behalf of the petitioner and Mr. Subhash Chandra
Mishra, learned SC-16 appearing on behalf of the State.
2. Mr. Md. Anis Akhtar, learned counsel appearing on
behalf of the petitioners submits that the petitioners seek to avail
remedy under Section 157 of the Bihar Panchayat Raj Act, 2006
(hereinafter to be referred as the 'Act') before the District
Magistrate concerned for the relief(s) as prayed for in the
present writ petition.
3. Considering the limited relief(s) as sought for by
the petitioners, the District Magistrate concerned is directed to
call for the records relating to the Panchayat Samiti of
concerned Block and fix a date within two days after
communication of this order for the attendance of Pramukh, Up-
pramukh and all the members of the Panchayat Samiti and seek
Patna High Court CWJC No.867 of 2024 dt.16-01-2024
their signature in his own presence and thereafter, he may fix a
date for providing opportunity of hearing to the affected parties
and decide the matter considering the charges as contained in
the requisition. If he finds that there is violation of manner, as
prescribed under Section 44 or Section 46 of the Bihar
Panchayat Raj Act, 2006 and same requires interference in any
manner with respect to calling of 'No Confidence Motion',
which has been fixed on 18.01.2024, the District Magistrate
after providing opportunity of hearing may pass a speaking
order strictly in accordance with law.
4. The special meeting dated 18.01.2024 shall lose its
operation till final decision is taken by the District Magistrate.
5. As the order has been passed in the open Court,
learned counsel for the State has ensured that he will
immediately communicate the District Magistrate concerned by
both the means, fax, as well as, by telephonic communication,
even before the order is pronounced.
6. Accordingly, the present writ petition is disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 16.01.2024
Transmission Date N/A
