Patna High Court
Rinku Devi 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.1719 of 2024
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Rinku Devi Wife of Sri Ranjay Kumar Paswan Resident of Village- Rampur
Manorath, P.O. and P.S.- Patahi, District- East Champaran at Motihari,
presently Pramukh of Block Panchayat Samiti, Patahi, District- East
Champaran at Motihari. ... ... 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, East Champaran at Motihari, District- East
Champaran at Motihari.
4. The District Panchayat Raj Officer, East Champaran at Motihari, District-
East Champaran at Motihari.
5. The Sub-Divisional Officer, Pakaridayal, District- East Champaran at
Motihari.
6. The Block Development Officer-cum-Executive Officer, Block Panchayat
Samiti, Patahi, District- East Champaran at Motihari.
7. Krishna Kumar Singh Son of not known to the Petitioner, Presently Up-
Pramukh of Block Panchayat Sammiti, Patahi, P.O.- and P.S.- Patahi,
District- East Champaran at Motihari.
8. Dharmendra Kumar Son of not known to the Petitioner The elected Member
of Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
9. Udha Devi Wife of not known to the Petitioner. The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
10. Nirmala Devi Wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
11. Abhishek Kumar Singh Son of not known to the Petitioner The elected
Member of Block Panchayat Samiti, Patahi through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and
P.S.- Patahi, District- East Champaran at Motihari.
12. Sunita Devi Wife of not known to the petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
13. Rina Devi Wife of not known to the Petitioner The elected Member of Block
Panchayat Samiti, Patahi through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.- Patahi,
District- East Champaran at Motihari.
14. Fulkumari Devi Wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patna High Court CWJC No.1719 of 2024 dt.30-01-2024
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Patahi, District- East Champaran at Motihari.
15. Chandrama Devi Wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
16. Shobha Devi Wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
17. Santosh Sah Son of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
18. Naga Raut Son of not known to the Petitioner The elected Member of Block
Panchayat Samiti, Patahi through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.- Patahi,
District- East Champaran at Motihari.
19. Shiv Pujan Prasad Yadav Son of not known to the Petitioner The elected
Member of Block Panchayat Samiti, Patahi through the Block Development
Officer-cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and
P.S.- Patahi, District- East Champaran at Motihari.
20. Naim Son of not known to the petitioner The elected Member of Block
Panchayat Samiti, Patahi through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.- Patahi,
District- East Champaran at Motihari.
21. Sanjay Sah son of not known to the Petitioner The elected Member of Block
Panchayat Samiti, Patahi through the Block Development Officer-cum-
Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.- Patahi,
District- East Champaran at Motihari.
22. Padmaksh Ranjan Son of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
23. Nandani Devi Wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
24. Samprabha Devi wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
25. Mantu Baitha Son of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
26. Sajma Khatoon wife of not known to the Petitioner The elected Member of
Block Panchayat Samiti, Patahi through the Block Development Officer-
Patna High Court CWJC No.1719 of 2024 dt.30-01-2024
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cum-Executive Officer, Block Panchayat Samiti, Patahi, P.O. and P.S.-
Patahi, District- East Champaran at Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Awnish Kumar, Advocate
For the State : Mr. Nawal Kishor Singh, AC to GP-(26)
For the Respondent/s : Mr. Surendra Kishore Thakur, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 30-01-2024
Heard Mr. Awnish Kumar,, learned counsel
appearing on behalf of the petitioner, Mr. Surendra Kishore
Thakur, learned counsel appearing on behalf of the
Respondent/s and Mr. Nawal Kishor Singh, learned AC to GP-
(26) appearing on behalf of the State.
2. The petitioner has filed the present writ petition
for the following reliefs:
(I). For issuance of an appropriate writ in the nature
of Certiorari for quashing the requisition dated 09.01.2024
submitted by 13 elected members of Block Panchayat Samiti,
Patahi and addressed to the petitioner but directly submitted in the
office of Respondent no.6 on 09.01.2024 wherein the requisitionists
had made a grievance from the petitioner to fix a date for
convening the special meeting of Block Panchayat Samiti, Patahi
for consideration of their No Confidence Motion against the
petitioner.
(II). For issuance of an appropriate writ in the nature
of CERTIORARI for quashing the notice dated 23.01.2024 issued
Patna High Court CWJC No.1719 of 2024 dt.30-01-2024
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under the signature of the Respondent no.6 and contained in his
letter no.32 dated 23.01.2024, whereby and where under the
Respondent no.6 has been pleased to issue notice of special
meeting of Block Panchayat Samiti, Patahi dated 02.02.2024
convened for consideration of No Confidence Motion against the
petitioner
(Ⅲ). For issuance of any other appropriate
writ/writs. order/ orders, direction/directions for which the writ
petitioner would be found entitled under the facts and
circumstances of the case.
3. Learned counsel appearing on behalf of the
petitioner submits that requisition dated 08.01.2024 made by
altogether 13 elected members were not personally presented
before the petitioner as would appear from the receiving dated
09.01.2024
by the office of the respondent no.6. Learned
counsel also submits that the charges as alleged against the
petitioner in the said requisition dated 08.01.2024 are not clear
charges and the charges being general and omnibus, the same
do not fulfill the mandatory provision of Section 44(3)(iv) of the
Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the
'Act').
4. Mr. Surendra Kishore Thakur, who has tendered
his appearance on behalf of the one of the elected members,
who has been impleded as respondent no.8 submits that
Patna High Court CWJC No.1719 of 2024 dt.30-01-2024
requirement of the provision of Section 44 of the Act has not
been made in its letter and spirit. If the elected members are
aggrieved by the functioning of the petitioner, they can make a
fresh application by 03.02.2024 in person before the petitioner
and the petitioner must ensure not to refrain from accepting the
requisition.
6. Considering the rival submission made on behalf
of the parties, the petitioner is required to call all the elected
members and those, who want for special meeting of 'No
Confidence Motion' against him, must file their requisition
before the petitioner on 02.02.2024 in persons and thereafter, the
petitioner is directed to fix a date of special meeting in
accordance with Section 44 (3) (i) of the Act. In case, the
petitioner refrains in any manner, the petitioner will be debarred
from the functioning as Pramukh.
7. If the meeting is announced by the Up-pramukh,
if he so desire as a presiding member, he must not allow the
petitioner to interfere in any manner.
8. In case of failure on the part of the Up-pramukh,
the elected members may convene a special meeting on the said
date and the meeting is required to be convened in the manner
clarified by the Division Bench of this Court in LPA No.113 of
Patna High Court CWJC No.1719 of 2024 dt.30-01-2024
2020 (Dharamsila Kumari vs. Hemant Kumar & Ors.) in
paragraph nos. 58 and 59 of the judgement among the elected
members present in the meeting.
9. With the aforesaid direction, the present writ
petition stands disposed of.
10. 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
