Patna High Court
Meena 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.880 of 2024
======================================================
Meena Kumari Wife of Ajay Kumar Sharma Resident of Village Kanp Thana
Ruapuli District Purnea
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Panchayati Raj
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Purnea
3. The District Panchayat raj Officer, Purnea District Purnea.
4. The Sub Divisional Officer, Purnea District Purnea.
5. Executive Officer, Rupauli, District-Purnea.
6. The Block Development Officer, Rapauli, District Purnea.
7. Anant Kumar Anand, Member Panchayat Samiti Nathpur Resident of
Village-Nathpur P.S. Rupauli, District-Purnea.
8. Raja Kumar, Member Panchayat Samiti Basantpur, Resident of Village-
Rupauli, P.S. District-Purnea.
9. Sunil Kumar Member Panchayat Samiti Basar Tikappati Resident of Vilalge-
Tikappati P.S. Tikkapati District-Patna.
10. Md. Minjah Alam . Member Panchayat Samiti Basantpur, Resident of
Village-Chapahari, P.S.-Rupauli, District Purnea
11. Ram Prawesh Mahto, Member Panchayat Samiti Goriar West Resident of
Vilalge-Shaira Tola Goriar, P.S. Tikkapatti District-Purnia
12. Sanjay Kumar Bhagat, Member Panchayat Samiti Goriar Patti Shri Matta,
Resident of Vilalge-Harnah, P.S. Tikkapatti, District-Purnea.
13. Anandi Prasad Choudhary, Member Panchayat Samiti Goriarpur, R/o of
Village-Goriar, P.S. Tikkapatti District-Purnea
14. Mithilesh Kumar Sah, Member Panchayat Samiti Laxmipur Girdhar
Resident of Village-Bahdura, P.S. Rupauli, District-Purnea.
15. Nirmal Devi, Member Panchayat Samiti Koili Simra East Resident of
Village-Simra P.s. Tikkapatti District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh, Advocate
Mr. Ram Pravesh Kumar, Advocate
For the Respondent/s : Mr. Rakesh Ambastha, AC to AAG-7
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2024
Heard Mr. Amresh, learned counsel appearing on
Patna High Court CWJC No.880 of 2024 dt.16-01-2024
2/3
behalf of the petitioners, Mr. Rakesh Ambastha, learned AC to
AAG-7 appearing on behalf of the State.
2. Mr. Amresh, 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, Purnea, 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, Purnea, 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
19.01.2024
, the District Magistrate after providing opportunity
Patna High Court CWJC No.880 of 2024 dt.16-01-2024
of hearing may pass a speaking order strictly in accordance with
law.
4. The special meeting dated 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,
learned counsel for the State has ensured that he will
immediately communicate the District Magistrate, Purnea, 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
