Patna High Court
Rinku 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.912 of 2024
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Rinku Devi wife of Dinkar Chaudhary, Resident of Village- Singhia
Makanpur, Ward No.- 5, P.S.- Gopalpur, Naugachhiya, District- Bhagalpur,
Bihar- 853204.
... ... 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, Bhagalpur.
5. The Sub-Divisional Officer, Gopalpur, District- Bhagalpur.
6. The Block Development Officer, Gopalpur- cum- Executive Officer, Block
Panchayat Samiti, Gopalpur, District- Bhagalpur.
7. Babumani Yadav, Son of Bharat Yadav the member of Block Panchayat
Samiti, Gopalpur, through the Block Development Officer- cum- Executive
Officer, Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District-
Bhagalpur.
8. Mala Devi, Wife of Umesh Singh the member of Block Panchayat Samiti,
Gopalpur, through the Block Development Officer- cum- Executive Officer,
Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District- Bhagalpur.
9. Dhananjay Singh, Son of not known the member of Block Panchayat Samiti,
Gopalpur, through the Block Development Officer- cum- Executive Officer,
Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District- Bhagalpur.
10. Deepak Kumar, Son of Akhileshwar Prasad Sharma the member of Block
Panchayat Samiti, Gopalpur, through the Block Development Officer- cum-
Executive Officer, Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur,
District- Bhagalpur.
11. Manoj Kumar Das, Son of Narayan Ravi Das the member of Block
Panchayat Samiti, Gopalpur, through the Block Development Officer- cum-
Executive Officer, Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur,
District- Bhagalpur.
12. Md. Tetar, Son of Md. Kamruddin the member of Block Panchayat Samiti,
Gopalpur, through the Block Development Officer- cum- Executive Officer,
Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District- Bhagalpur.
13. Dhananjay Kumar, Son of Naresh Yadav the member of Block Panchayat
Samiti, Gopalpur, through the Block Development Officer- cum- Executive
Officer, Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District-
Bhagalpur.
14. Manoj Jha, Son of Jai Bhadar Jha the member of Block Panchayat Samiti,
Gopalpur, through the Block Development Officer- cum- Executive Officer,
Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District- Bhagalpur.
15. Annu Kumari, Wife of Pawan Kumar the member of Block Panchayat
Patna High Court CWJC No.912 of 2024 dt.16-01-2024
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Samiti, Gopalpur, through the Block Development Officer- cum- Executive
Officer, Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District-
Bhagalpur.
16. Ragani Devi, Wife of Saket Bihari the member of Block Panchayat Samiti,
Gopalpur, through the Block Development Officer- cum- Executive Officer,
Block Panchayat Samiti, Gopalpur, P.S.- Gopalpur, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ravi Raj, Advocate.
For the Respondent/s : Mr.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, Bhagalpur, 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, Bhagalpur, 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
Patna High Court CWJC No.912 of 2024 dt.16-01-2024
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, Bhagalpur,
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.
