Patna High Court
Sandhya Devi 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.911 of 2024
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Sandhya Devi wife of Ripu Sudhan Singh Resident of Barharwa Lakhan Sen,
P.O.- Barharwa Lakhan Sen, P.S. Dhaka, District- East Champaran at
Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary, Panchayat Raj Department, Government of Bihar,
Patna.
3. The Director, Panchayat Raj Department, Government of Bihar, Patna.
4. The District Magistrate, East Champaran, Motihari.
5. The Sub-Divisional Officer, Sikrahna, District- East Champaran at Motihari.
6. The Block Development Officer, Dhaka-cum-Executive Officer, Block
Panchayat Samiti, Dhaka, District- East Champaran at Motihari.
7. Kiran Chaudhary, wife of Surendra Kumar Chaudhary, Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
8. Khushbun Nesha, wife of Nasruddin Ansari, Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
9. Nargis Begam, wife of Taufik Alam, Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
10. Tabassum Khatoon Wife of Mohammad Samiullah Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
11. Dinesh Sah Son of Asarfi Sah Members of Block Panchayat Samiti, Dhaka,
through the Block Development Officer-cum-Executive Officer, Block
Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at Motihari.
12. Akhtari Begam Wife of Md. Fazlehaque Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
13. Kiran Chaudhary Wife of Surendra Kumar Chaudhary Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
14. Jaglal Sah Son of Chhatthu Sah Members of Block Panchayat Samiti,
Patna High Court CWJC No.911 of 2024 dt.16-01-2024
2/5
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
15. Shahjahan Khatoon Wife of Imteqazul Haque Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
16. Ratnesh Kumar Son of Nawal Kishore Rai Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
17. Mohan Baitha Son of Bipat Baitha Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
18. Shabana Khatoon Wife of Rahmat Ansari Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
19. Asadullah Ansari Son of Adalat Ansari Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
20. Urmila Devi Son of Bigu Chaudhary Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
21. Md. Naushad Alam Son of Mohammad Shamshad Alam Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
22. Md. Ansarul Haque Son of Md. Salahuddin Ansari Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
23. Mazhar Khan Son of Mofi Ahmad Khan Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
24. Pinki Kumari Wife of Lal Babu Paswan Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
25. Rizwan Son of Zaheer Members of Block Panchayat Samiti, Dhaka, through
the Block Development Officer-cum-Executive Officer, Block Panchayat
Samiti, Dhaka, P.S. Dhaka, District- East Champaran at Motihari.
26. Baidhnath Mukhiya Son of Dukhit Mukhiya Members of Block Panchayat
Patna High Court CWJC No.911 of 2024 dt.16-01-2024
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Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
27. Ekramuddin Son of Mohammad Ansar Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
28. Munna Kushwaha Son of Jagarnath Prasad Kushwaha Members of Block
Panchayat Samiti, Dhaka, through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District-
East Champaran at Motihari.
29. Riitesh Kumar Son of Shashi Bhushan Prasad Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
30. Sanjay Sah Son of Kedar Sah Members of Block Panchayat Samiti, Dhaka,
through the Block Development Officer-cum-Executive Officer, Block
Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at Motihari.
31. Bishan Devi Son of Dinkar Sah Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
32. Binod Kumar Son of Baidhnath Paswan Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
33. Pinki Srivastava Son of Ritesh Ranjan Kumar Members of Block Panchayat
Samiti, Dhaka, through the Block Development Officer-cum-Executive
Officer, Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East
Champaran at Motihari.
34. Sripati Devi Wife of Bigh Baitha Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
35. Meharnaaz Wife of Aftab Alam Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
36. Khajanti Ram Son of Jagdeo Ram Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
37. Nagina Devi Wife of Ramswarth Sah Members of Block Panchayat Samiti,
Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
38. Faqrun Nesha Wife of Ajmatullah Members of Block Panchayat Samiti,
Patna High Court CWJC No.911 of 2024 dt.16-01-2024
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Dhaka, through the Block Development Officer-cum-Executive Officer,
Block Panchayat Samiti, Dhaka, P.S. Dhaka, District- East Champaran at
Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ravi Raj, Advocate.
For the Respondent/s : Government Advocate 02
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard the parties.
2. Mr. Ravi Raj, learned counsel appearing on behalf
of the petitioner submits that the petitioner seeks to avail
remedy under Section 157 of the Bihar Panchayat Raj Act, 2006
(hereinafter to be referred as the 'Act') before the District
Magistrate, East Champaran, Motihari, for the relief(s) as
prayed for in the present writ petition.
3. Considering the limited relief(s) as sought for by
the petitioner, the District Magistrate, East Champaran,
Motihari, 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 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
Patna High Court CWJC No.911 of 2024 dt.16-01-2024
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'. The District Magistrate after providing
opportunity of hearing may pass a speaking order strictly in
accordance with law.
4. Since the date of 'no confidence motion' has not
been fixed, the District Magistrate may proceed on the basis of
the allegations made in the requisition made by all the
requisitionists.
5. As the order has been passed in the open Court,
learned counsel for the State has ensured that he will
immediately communicate the concerned District Magistrate 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)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 16.01.2024
Transmission Date N.A.
