Patna High Court
Shree Nivas Ray vs The State Of Bihar on 3 March, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3673 of 2025
======================================================
1. Shree Nivas Ray S/o Ramayan Ray, Resident of village- Jhauwa, P.S -
Awtarnagar, Distt.- Saran. Petitioner is the member of Gram Panchayat
Samiti.
2. Anita Devi, W/o Rajesh Kumar, Resident of village- Jhauwa Tola, P.S -
Awtarnagar, Distt.- Saran. Petitioner is the member of Gram Panchayat
Samiti.
3. Sri Bhagawan Manjhi, S/o Late Kasi Manjhi, Resident of village- Mahuani,
P.S. - Awtarnagar, Distt. - Saran. Petitioner is the member of Gram
Panchayat Samiti.
4. Sachida Nand, S/o Babu Lal Ray, Resident of village- Saidpur, P.S.-
Awtarnagar, Distt.- Saran. Petitioner is the member of Gram Panchayat
Samiti.
5. Raj Kumari Devi, W/o Umesh Singh, Resident of village- Jhauwa, P.S. -
Awtarnagar, Distt. - Saran. Petitioner is the member of Gram Panchayat
Samiti.
6. Shanti Devi, W/o Shambu Nath Ray, Resident of village- Jhauwa, P.S -
Awtarnagar, Distt.- Saran. Petitioner is the member of Gram Panchayat
Samiti.
7. Guriya Khatun, W/o Munir Alam, Resident of village- Mahuani, P.S.-
Awtarnagar, Distt. - Saran. Petitioner is the member of Gram Panchayat
Samiti.
8. Mohar Mala Devi, W/o Shambhu Ray, Resident of village - Mahuani, P.S.-
Awatarnagar, Distt. - Saran. Petitioner is the member of Gram Panchayat
Samiti.
9. Dharmendra Ray, S/o Kameshwar Ray, Resident of village- Jhauwa Tola,
P.S.- Awatarnagar, Distt. - Saran. Petitioner is the member of Gram
Panchayat Samiti.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Department of Panchayat Raj,
Government of Bihar, Patna.
2. The District Magistrate, Saran.
3. The District Panchayat Raj Officer, Saran.
4. The Executive Officer cum Block Development Officer, Dighwara, District -
Saran.
5. The Block Panchayat Raj Officer, Dighwara, District - Saran.
6. Mr. Ganesh Singh, S/o Sri Shiv Pujan Singh, Resident of village - Shobarna
Katin Per, P.O.- Saidpur, Jhauwa, P.S.- Awtarnagar, Distt. - Saran.
... ... Respondent/s
Patna High Court CWJC No.3673 of 2025 dt.03-03-2025
2/3
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Respondent/s : Mr. Government Pleader (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 03-03-2025
Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
"(i) To issue a writ in the form of a direction to the
motion for convening a special meeting for the no-
confidence motion by which the vote on the no-
confidence motion against the Up Mukhiya cum
Karyakari Mukhiya, Mr. Ganesh Singh can be decided
by the division of votes and removal from the post, as 9
out of 14 Panchayat Samiti members of Gram
Panchayat Raj Jhauwa, Block Dighwara, Saran are in
favour of the no-confidence motion of the Up Mukhiya
cum Karyakari Mukhiya.
(ii) To issue a writ in the nature of a mandamus to
direct Respondent No. 5 of Gram Panchayat Raj
Jhauwa of Block Dighwara Saran to fix the time or
date for convening a special meeting to bring a no-
confidence motion against the Up Mukhiya cum
Karyakari Mukhiya.
(iii) Any other relief or reliefs for which petitioner is
entitled for."
Patna High Court CWJC No.3673 of 2025 dt.03-03-2025
3. Learned counsel for the petitioners submits that
despite a detailed representations filed on behalf of the petitioners,
the District Magistrate, Saran (Respondent No. 2) has not taken
any action and not fixed the date for no-confidence motion as yet.
4. In view of the averments made in the writ petition,
the writ petition stands disposed of with a direction to the
Respondent No. 2 to dispose of the representations of the
petitioners which was pending since 17.10.2024 in accordance
with law and issue a necessary direction for convening a special
meeting for no-confidence motion.
5. The writ petition stands disposed of.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 04.03.2025
Transmission Date N.A.
