Patna High Court
Sunil Kumar Alias Sunil Kumar Singh vs The State Of Bihar on 22 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1305 of 2024
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Sunil Kumar Alias Sunil Kumar Singh Son of Late Uchit Mandal Resident of
House No.45, Near Mani Dweep Academy, Shastri Colony, Station Road,
Jamui, presently residing at village and P.O. Sautadih, P.S. Belhar, District -
Banka and Chairman of Banka Zila Parishad, P.O., P.S. and District Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary. Panchayati Raj Department, Government of
Bihar, Patna,
3. The District Magistrate District- Banka. Banka,
4. The Deputy Development Commissioner -cum- Chief Executive Officer,
Zila Parishad, Banka.
5. Smt. Neelam Devi wife of Sri Dharmendra Kumar Singh presently Vice
Chairman, Banka Zila Parishad, P.O. and P.S. and District - Banka.
6. Mukesh Kumar Singh son of not known to the petitioner, the elected
members of Zila Parishad, Banka,through the Deputy Development
Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O.,
P.S. and District - Banka.
7. Bibha Devi wife of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
8. Kajal Bharti wife of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
9. Kalpana Kumari wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
10. Mona Devi wife of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
11. Pratim Kumar Sah son of not known to the petitioner, the elected members
of Zila Parishad, Banka,through the Deputy Development Commissioner
-cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
12. Pooja Kumari wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
13. Sujata Vaidya wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Patna High Court CWJC No.1305 of 2024 dt.22-01-2024
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Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
14. Suman Paswan 14. wife of not known to the petitioner, the elected members
of Zila Parishad, Banka,through the Deputy Development Commissioner
-cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
15. Md. Rafique Alam son of not known to the petitioner, the elected members
of Zila Parishad, Banka,through the Deputy Development Commissioner
-cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
16. Baljeet Singh son of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
17. Soni Singh 17. wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
18. Simpal Devi wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
19. Manoj Singh son of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
20. Bishwajeet Deepankar son of not known to the petitioner, the elected
members of Zila Parishad, Banka,through the Deputy Development
Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O.,
P.S. and District - Banka.
21. Rajendra Yadav son of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
22. Priti Singh wife of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
23. Anju Kumari wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
24. Sharda Devi wife of not known to the petitioner, the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
25. Anjana Devi wife of not known to the petitioner, the elected members of
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Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
26. Gayatri Devi wife of not known to the petitioner, the elected members of
Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
27. Drishti Kumari 27. wife of not known to the petitioner, the elected members
of Zila Parishad, Banka,through the Deputy Development Commissioner
-cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
28. Amar Kumar Hembrum son of not known to the the elected members of Zila
Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.B.K.Manglam, Advocate
Mr.Awnish Kumar, Advocate
For the requisitionist : Mr. Vindhya Keshri Kumar , Sr. Advocate
Mr. Ajay Mukherjee, Advocate
For the State : Ms. Ruma, AC to GP 7
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 22-01-2024
Heard Mr. S.B.K. Manglam along with Mr. Awnish
Kumar, learned counsels appearing on behalf of the petitioner
and Mr. Vindhya Keshri Kumar, learned senior counsel along
with Mr. Ajay Mukherjee, learned counsel for the rquisitionists
and Ms. Ruma, learned counsel for the State.
2. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is aggrieved by the action
of the members of the Zila Parishad, who had never presented
the requisition individually or along with other members in
person before him and as such the holding of special meeting of
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No Confidence Motion dated 24.01.2024 being not in
accordance with the provision of Section 70(4) of the Act and
the same requires interference of this Court.
3. Mr. Vindhya Keshri Kumar, learned senior
counsel and Mr. Ajay Mukherjee, learned counsel have
tendered their appearance on behalf of the requisitionists and
have denied the allegation made by the petitioner. They inform
this Court that the requisitionists have personally tendered the
requisitions before the petitioner, who is the Chairman of the
Zila Parishad who had refused which cannot be said to be in
violation of any provisions of the Bihar Panchayat Raj Act,
2006 (hereinafter referred to as "the Act") and manner
prescribed therein in holding of special meeting of No
Confidence Motion.
4. Ms. Ruma, learned AC to GP 7, has shown her
inability to make any submission in absence of a copy of the
writ petition. However, she submits that the petitioner, being the
Chairman of Zila Parishad, and having democratically elected,
must ensure to keep the spirit of the democracy and should not
hesitate in any manner to hold a special meeting of No
Confidence Motion.
5. Having considered the rival submissions made
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on behalf of the parties, as well, the pleadings made in the writ
petition, petitioner is aggrieved by the action of the
requisitionists who are the members of the Zila Parishad,
inasmuch as, they have not presented the requisition along with
the specific charges of allegation against him. He has informed
that the Act mandates the Chairman to fix a date of special
meeting in accordance with the provision of Section 70(4)(i) of
the Act, and as such the requisitionists, who are represented by
Mr. Vindhya Keshri Kumar, learned senior counsel, may file
their requisition along with the clear allegation made against the
petitioner before him for fixing the date of special meeting of
No Confidence Motion which has been announced to be held on
24.01.2024
. Considering that the meeting of no confidence is
fixed on 24.01.2024, the requisitionists may file requisition by
tomorrow (i.e., 23.01.2024) at 10.30 a.m before the petitioner,
as well as, before the District Magistrate on or before 1:00 p.m.,
6. If the petitioner receives personal notice of
requisitionists by any members of Zila parisahd, he may
proceed to fix a date of meeting. In alternative, if members
choose to make their requisition before the District Magistrate
against the petitioner in that case, the District Magistrate must
direct the petitioner to fix a date of meeting in exercise of his
Patna High Court CWJC No.1305 of 2024 dt.22-01-2024
power under Section 157 of the Act.
7. In any other situation, the requisitionists or the
persons aggrieved by the functioning of the Zila Parishad may
approach the Lok Prahari, who will enquire with respect to the
functioning of the petitioner, as Chairman of the Zila Parishad,
in that case, the Lok Parhari must submit the enquiry report
before the Additional Chief Secretary of the department after
holding an enquiry. The Additional Chief Secretary is directed
to take final decision in accordance with the provision of
Section 70(5) of the Act after providing due opportunity of
hearing to the respective parties in case the allegations made
against the petitioner is/are sustainable in accordance with the
Act.
8. The petitioner in alternative may avail remedy
before the District Magistrate in the manner prescribed under
the Act.
9. In light of above order, the meeting which is
fixed to be held on 24.01.2024 shall remain suspended .
10. The writ petition is disposed of.
Sanjay/- (Purnendu Singh, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2024
Transmission Date NA
