Patna High Court
Phulpato 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.927 of 2024
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Phulpato Devi W/o Shivdeyal Ram R/o Village and P.O Umarpur, P.S.- Buxar
Industrial Area, District- Buxar presently Pramukh of Block Panchayat
Samiti, Buxar Sadar Block, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
3. The District Magistrate, Buxar, District- Buxar.
4. The District Panchayat Raj Officer, Buxar.
5. The Sub-Divisional Officer, Buxar Sadar, Buxar.
6. The Block Development Officer-cum-Executive Officer, Block Panchyat
Samiti, Buxar Sadar.
7. The Block Panchayat Raj Officer, Buxar Sadar, Buxar.
8. Smt. Chinta Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Kamarpur (W) Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
9. Smt. Shobhna Kumari W/o- Not Known Elected Member, Block Panchayat
Samiti, Kamarpur (E), Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
10. Upendra Kumar Rai, S/o- Not Known Elected Member, Block Panchayat
Samiti, Chhotka Nuaon (W), Buxar Sadar through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
11. Smt. Munni Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Chhotka Nuaon (E), Buxar Sadar through the Block Development
Officer-cum-Executive Block Panchayat Samiti, Buxar Sadar. Officer,
12. Sri Dadan Mallah S/o- Not Known Elected Member, Block Panchayat
Samiti, Karahansi, Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
13. Smt. Rizwana Begum W/o- Not Known Elected Member, Block Panchayat
Samiti, Rahasichak, Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
14. Smt. Tetri Devi W/o- Not Known Elected Member, Block Panchayat Samiti,
Nadawn, Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
15. Santosh Kumar Yadav S/o- Not Known Elected Member, Block Panchayat
Samiti, Nadawn (N), Buxar Sadar through the Block Development Officer-
cum-Executive Officer Block Panchayat Samiti, Buxar Sadar.
16. Smt Arti Devi W/o- Not Known Elected Member, Block Panchayat Samiti,
Chhotka Nadawn (S), Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
Patna High Court CWJC No.927 of 2024 dt.16-01-2024
2/4
17. Om Prakash Kamkar S/o- Not Known Elected Member-Up Pramukh, Block
Panchayat Samiti, Mahdah, Buxar Sadar through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
18. Jay Kishun Ram S/o- Not Known Elected Member, Block Panchayat Samiti,
Boksa (S), Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
19. Smt. Nilu Singh W/o- Not Known Elected Member, Block Panchayat
Samiti, Boksa (N), Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
20. Smt. Lalita Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Jagdishpur (S), Buxar Sadar through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
21. Dharamraj Singh S/o- Not Known Elected Member, Block Panchayat
Samiti, Jagdishpur (N), Sadar through Buxar the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
22. Rakesh Kumar Singh S/o- Not Known Elected Member, Block Panchayat
Samiti, Churamanpur, Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
23. Smt. Rinku Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Arjunpur, Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
24. Smt. Rohila Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Khutha, Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
25. Smt. Meena Devi W/o- Not Known Elected Member, Block Panchayat
Samiti, Sonvarsha, Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar.
26. Smt. Shail Devi W/o- Not Known Elected Member, Block Panchayat Samiti,
Dalsagar, Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
27. Krishna Kumar S/o- Not Known Elected Member, Block Panchayat Samiti,
Baruna (W), Buxar Sadar through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Buxar Sadar.
28. Om Prakash Tiwari S/o- Not Known Elected Member, Block Panchayat
Samiti, Baruna (E), Buxar Sadar through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Buxar Sadar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate.
For the Respondent/s : Mr. Raghwanand, GA-11
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard the parties.
Patna High Court CWJC No.927 of 2024 dt.16-01-2024
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2. Mr. Arvind Kumar Pradhan, 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, Buxar, 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, Buxar, 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 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
and refixed on 19.01.2024, the District Magistrate
after providing opportunity of hearing may pass a speaking
order strictly in accordance with law.
Patna High Court CWJC No.927 of 2024 dt.16-01-2024
4. The special meeting dated 18.01.2024 &
19.01.2024 shall lose its operation till final decision is taken by
the District Magistrate.
5. As the order has been passed in the open Court, Mr.
Raghwanand, learned counsel for the State has ensured that he
will immediately communicate the District Magistrate, Buxar,
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.
