Patna High Court
Shruti Shree vs The State Of Bihar on 30 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1713 of 2024
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Shruti Shree Wife of Anand Madhukar, Resident of Laljitola, near Railway
Cabin, P.O. - G.P.O., P.S. - Gandhi Maidan, Patna - 800001, presently residing
at village - Balwa, P.O.- Varuna, P.S. - Fathua, Dist. - Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The District Magistrate, Patna.
4. The Sub Divisional Officer, Patna City, District Patna.
5. The Block Development Officer-cum-Executive Officer, Block Panchayat
Samiti, Fatua, District Patna.
6. Rajnish Kumar, Son of Late Ram Swarath Singh, R/o Chackbihari, Fathua,
Patna. Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
7. Lala Ray, Son of Kameshwar Rai, R/o Bakarchak, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
8. Ravindra Kumar Singh, Son of Ram Kripal Singh, R/o Alawalpur, Fathua,
Patna. Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
9. Meeta Devi, Wife of Sanjay Singh, R/o Masarahi, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
10. Suryamani Devi, Wife of Naresh Ravidas, R/o Jaithiya, Fathua, Patna.
Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
11. Renu Devi, Wife of Jageshwar Rai, R/o Maujipur, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
12. Rekha Devi, Wife of Pappu Kumar, R/o Dumri, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
13. Amrita Devi, Wife of Hareram Paswan, R/o Kismiriya, Fathua, Patna.
Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Patna High Court CWJC No.1713 of 2024 dt.30-01-2024
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Samiti, District Patna.
14. Tippal Kumar, Son of Shahdev Thakur, R/o Mominpur, Fathua, Patna.
Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
15. Birender Kumar, Son of Ashok Yadav, R/o Narayana, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
16. Manoj Sao, Son of Basudeo Sao, R/o Usfa, Fathua, Patna. Elected member
of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-
Executive Officer, Fatua, Block Panchayat Samiti, District Patna.
17. Indal Paswan, Son of Ram Mani Paswan, R/o Sahora, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
18. Nisha Kumari, Wife of Jitendra Kumar, R/o - Gangapur, Fathua, Patna.
Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
19. Radha Devi, Wife of Chandan Kumar, R/o - Jethuli, Fathua, Patna. Elected
member of Block Panchayat Samiti, Fatua, through Block Development
Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District
Patna.
20. Santosh Kumar, Son of Birju Prasad, R/o- Kolhar, Fathua, Elected member
of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-
Executive Officer, Fatua, Block Panchayat Samiti, District Patna.
21. Ram Prasad Paswan, Son of Maran Paswan, R/o - Rasalpur, Pitambarpur,
Fathua. Elected member of Block Panchayat Samiti, Fatua, through Block
Development Officer-cum-Executive Officer, Fatua, Block Panchayat
Samiti, District Patna.
22. Sabuja Devi, Wife of Arvind Prasad, R/o - Bhikhua, Fathua. Elected member
of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-
Executive Officer, Fatua, Block Panchayat Samiti, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigank Mouli, Sr. Advocate
: Mr. Samir Kumar, Advocate
: Mr. Apurv Harsh, Advocate
: Mr. Sujit Kumar, Advocate
: Mr. Manu Tripurari, Advocate
For the Respondent/s : Mr. Standing Counsel (28)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 30-01-2024
Patna High Court CWJC No.1713 of 2024 dt.30-01-2024
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Heard Mr. Mrigank Mouli, learned Sr. Advocate
along with Mr. Samir Kumar, Mr. Apurv Harsh, Mr. Sujit
Kumar and Mr. Manu Tripurari, learned counsels appearing on
behalf of the petitioner and learned SC-28 appearing on behalf
of the Respondent/s.
2. It is contended on behalf of the petitioner that
District Magistrate, Patna was only requested to correct the
manner in which the special meeting of No Confidence Motion
has to be conducted and who had, without jurisdiction directed
the Block Development officer-cum-Executive Officer to obtain
a fresh date of meeting from the petitioner. However, the Block
Development officer-cum-Executive Officer without complying
with the direction and the mandate of Section 44(3)(i) of the
Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the
'Act') has proceeded to fix the date of special meeting, which is
not in accordance with law.
3. Learned counsel appearing on behalf of the State
admitted that the order passed by the District Magistrate in
exercise of power conferred under Section 157 of the Act, is a
reasoned order and can not be faulted for. However, he is also of
the opinion that if the allegation made by the petitioner against
the Block Development officer is correct, i.e. in fixing the date
Patna High Court CWJC No.1713 of 2024 dt.30-01-2024
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of special meeting on his own without obtaining a date, which
was required to be communicated to him by the Petitioner, is
against the statutory provision of Section 44(3)(i) of the Act, as
well as, direction of the District Magistrate.
4. Considering the rival submission made on behalf of
the parties, as well as, the admitted fact that the District
Magistrate in compliance of the order dated 16.01.2024 passed
by this Court in CWJC No.791 of 2024, has exercised his
jurisdiction under Section 157 of the Act and after arriving at
decision has passed a reasoned order, directing the Block
Development officer to obtain a date from the petitioner for
fixing a date of holding of special meeting of No Confidence
Motion. The action of the Block Development officer, as
contained in notice dated 23.01.2024, who himself has fixed the
date, is contrary to the provision and manner prescribed in
Section 44 (3)(i) of the Act, as well as, in complete defiance of
direction the District Magistrate contained in order dated
22.01.2024
vide Memo No.367.
5. The petitioner is directed to fix a date of No
Confidence Motion on or before 07.02.2024 and the meeting is
required to be convened in manner clarified by the Division
Bench of this Court in L.P.A. No. 113 of 2020 (Dharamsila
Patna High Court CWJC No.1713 of 2024 dt.30-01-2024
Kumari vs. Hemant Kumar & Ors.) particularly abiding by the
clarification made in paragraph nos. 58 and 59 of the said
judgement, among the elected members present in the meeting.
6. With the aforesaid direction, the present writ
petition stands disposed of.
7. Since the order has been passed in the open Court,
learned counsel appearing on behalf of the State is directed to
communicate this order to all the State respondents for the
needful, without waiting for the order to be pronounced.
(Purnendu Singh, J.)
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.02.2024
Transmission Date NA
