Patna High Court
Nishu Kumari vs The State Of Bihar on 19 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1112 of 2024
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Nishu Kumari Wife of Rajesh Ranjan, Pramukh Panchayat Samiti, Resident
of village - Desari, P.S. - Desari, District - Vaishali, Pin - 844504.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Additional Chief Secretary, Department of Panchayati Raj, Government
of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Panchayati Raj Department of Panchayati Raj, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
4. The Collector-cum-District Magistrate, District - Vaishali.
5. The District Panchayat Raj Officer, Vaishali.
6. The Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Desari, Block - Desari, Vaishali.
7. Anand Kumar, Son of Surendra Prasad Singh, Resident of village -
Bhikhanpura, P.S. Desari, District - Vaishali, Member Panchayat Samiti- 10.
Panchayat Samiti member of the Block Panchayat Samiti, Desari, through
the Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Desari, Block - Desari, Vaishali.
8. Rajmani Devi, Wife of Jai Paswan, Resident of Village- Rasulpur, P.S.
Desari, District- Vaishali, Member Panchayat Samiti - 8. Panchayat Samiti
member of the Block Panchayat Samiti, Desari, through the Block
Development Officer cum Executive Officer, Block Panchayat Samiti,
Desari, Block - Desari, Vaishali.
9. Arun Kumar Sahni, Son of Ganesh Sahni, Resident of village - Uphraul, P.S.
Desari, District - Vaishali, Member Panchayat Samiti- 2. Panchayat Samiti
member of the Block Panchayat Samiti, Desari, through the Block
Development Officer cum Executive Officer, Block Panchayat Samiti,
Desari, Block - Desari, Vaishali.
10. Ajit Rai, Son of Ramjanam Rai, Resident of Village - Rampur Khichri, P.S.
Mahnar, District - Vaishali, Member Panchayat Samiti- 5. Panchayat Samiti
member of the Block Panchayat Samiti, Desari, through the Block
Development Officer cum Executive Officer, Block Panchayat Samiti,
Desari, Block - Desari, Vaishali.
11. Santosh Kumar Rajak, Son of Ram Vilas Rajak, Resident of village -
Azampur, P.S. Desari, District - Vaishali, Member Panchayat Samiti - 9.
Panchayat Samiti member of the Block Panchayat Samiti, Desari, through
the Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Desari, Block - Desari, Vaishali.
12. Mukesh Kumar, Son of Dharmendra Rai, Resident of Village - Vishunpur
Ijara, P.S. Desari, District - Vaishali, Member Panchayat Samiti - 6.
Panchayat Samiti member of the Block Panchayat Samiti, Desari, through
the Block Development Officer cum Executive Officer, Block Panchayat
Patna High Court CWJC No.1112 of 2024 dt.19-01-2024
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Samiti, Desari, Block - Desari, Vaishali.
13. Rinku Devi, Wife of Dinesh Paswan, Resident of Village - Khoksa Kalyan,
P.S. Desari, District - Vaishali, Member Panchayat Samiti, Jaffarabad
Panchayat - 1. Panchayat Samiti member of the Block Panchayat Samiti,
Desari, through the Block Development Officer cum Executive Officer,
Block Panchayat Samiti, Desari, Block - Desari, Vaishali.
14. Rajeshwar Ram, Son of Late Bali Ram, Resident of Village - Tayabpur, P.S.
Desari, District- Vaishali, Member Panchayat Samiti, Bhikhanpura
Panchayat - 11. Panchayat Samiti member of the Block Panchayat Samiti,
Desari, through the Block Development Officer cum Executive Officer,
Block Panchayat Samiti, Desari, Block - Desari, Vaishali.
15. Sarita Kumari, Wife of Vikash Kumar, Resident of Village- Jahangirpur
Sham, P.S. Desari, District - Vaishali, Member Panchayat Samiti - 7.
Panchayat Samiti member of the Block Panchayat Samiti, Desari, through
the Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Desari, Block - Desari, Vaishali.
16. Rahmat Khanam, Wife of Md. Ayub Khan, Resident of Village - Desari, P.S.
Desari, District - Vaishali, Member Panchayat Samiti- 3. Panchayat Samiti
member of the Block Panchayat Samiti, Desari, through the Block
Development Officer cum Executive Officer, Block Panchayat Samiti,
Desari, Block - Desari, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate.
For the State : Mr.Ranjay Kumar Singh, AC to SC-6.
For the Respondents : Mr. Mrigank Mauli, Sr. Advocate.
Mr. Sanket, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 19-01-2024
Heard the parties.
2. 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, Vaishali, for the relief(s) as prayed for in the present
writ petition.
3. Considering the limited relief(s) as sought for by
Patna High Court CWJC No.1112 of 2024 dt.19-01-2024
3/4
the petitioner, the District Magistrate, Vaishali, 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
23.01.2024
, the District Magistrate after providing opportunity
of hearing may pass a speaking order strictly in accordance with
law within one week from the date of attendance filed by all the
members.
4. The special meeting dated 23.01.2024 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, Vaishali, by
both the means, fax, as well as, by telephonic communication,
Patna High Court CWJC No.1112 of 2024 dt.19-01-2024
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 19.01.2024
Transmission Date N.A.
