Patna High Court
Md. Nurullah vs The State Of Bihar & Ors on 13 May, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24967 of 2013
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Md. Nurullah son of Jabbar Hussain, resident of Village and P.S. Sangrampur,
District - East Champaran
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna
2. The Block Development Officer, Block-Sangrampur, District - East Champaran
3. Phul Kumari Devi, Member, Panchayat Samiti - 16, Block - Sangrampur,
District - East Champaran
4. Sanjeeta Devi wife of Sri Akhileshwar Kumar Dubey Pramukh Panchayat
Samiti, Sangrampur, resident of Village Madhubani Dubey Tola, P.S.
Sangrampur, District East Champaran
5. Buni Sahni, Member , Panchayat Samiti- 5, Block - Sangrampur, District - East
Champaran
6. Butai Yadav, Member, Panchayat Samiti- 1, Block - Sangrampur, District - East
Champaran
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 1259 of 2014
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Md. Nurullah S/o Jabbar Hussain, resident of village and P.S. - Sangrampur,
District - East Champaran
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Department of Panchayat Raj ,
Government of Bihar, Patna
2. The Director, Panchayat Raj, Government of Bihar, Patna
3. The District Magistrate, East Champaran, Motihari
4. The Sdo, Areraj Sub-Division, Areraj, East Champaran
5. The BDO, Sangrampur Block cum Executive Officer, Sangrampur Panchayat
Samiti, Sangrampur East Champaran
6. Sanjita Devi W/o Akhileshwar Kumar Dubey R/o Village - Madhubani Dubey
Tola, P.S. - Sangrampur, District - East Champaran
7. Ram Pari Devi W/o Nawal Singh R/o Village + P.O. Madhubani, P.S.-
Sangrampur, District - East Champaran
8. Phul Kumari Devi W/o Laxman Mishra R/o North Bhawanipur, P.S.-
Sangrampur, District - East Champaran
9. Buni Sahani W/o Late Kari Sahani R/o North Jariyariyaria, P.S. Sangrampur,
District - East Champaran
10. Jitendra Singh S/o Jhulfi Singh R/o Parsauna, P.S. - Sangrampur, District - East
Champaran
11. Aditya Kumar Pandey S/o Nathuni Pandey Ghusiyar, P.S. Sangrampur, District
- East Champaran
Patna High Court CWJC No.24967 of 2013 dt.13-05-2015 2
12. Butai Yadav S/o Ratan Yadav R/o Sangrampur, Maraiya, P.S. - Sangrampur,
District - East Champaran
13. Ragani Devi W/o Bigu Sah R/o Uttari Bhawanipur, P.S. - Sangrampur, District
- East Champaran
14. Kumar Dhananjay S/o Narendra Mishra R/o Mishra Gram, P.S. - Sangrampur,
District - East Champaran
15. Yougendra Ram S/O Vriksha Ram R/o Village - Dumariya, P.S. - Dumariya
Ghat, District - East Champaran
16. Bacchu Rai S/o Asha Rai R/O Sangrampur Mathia, P.S. - Sangrampur, District
- East Champaran
17. Sanju Devi W/o Rinku Thakur R/o Shayampur, P.S.-Sangrampur, District - East
Champaran
18. Chitranjan Sharma S/o Ramadhar Sharma R/o Bharwaliya, P.S.-Sangrampur,
District - East Champaran
19. Binod Kumar Singh S/o Late Mahamaya Singh R/o Village-Sangrampur
Pachariya, P.S. - Sangrampur, District - East Champaran
20. Manju Choudhary W/o Wakil Shanai R/o Paschimi Madhubani, P.S.-
Sangrampur, District - East Champaran
21. Babita Devi W/o Pahari Sah R/o Village-Dakchani Bhawanipur, P.S.-
Sangrampur, District - East Champaran
22. Pratibha Devi W/o Surendra Baitha R/o Village - Jariyaria Tola Rajpur, P.S.-
Sangrampur, District - East Champaran
23. Nirmala Devi W/o Pramod Giri R/o East Madhubani, P.S.-Sangrampur, District
- East Champaran
.... .... Respondent/s
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Appearance:
(In CWJC No. 24967 of 2013)
For the Petitioner/s : Mr. SANDEEP KUMAR
For the Respondent/s : Mr. ANJANI KUMAR
(In CWJC No. 1259 of 2014)
For the Petitioner/s : Mr. RAMANUJ TIWARY
For the Respondent/s : Mr. HARISH KUMAR
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 13-05-2015
Heard Mr. Ashotosh Ranjan Pandey, learned counsel for the
petitioner in the two writ petitions, Mr. Harish Kumar, learned
Government Pleader No. 32 for the State and Mr. S.B.K. Manglam,
learned counsel appearing for the private respondents.
The petitioner, an Ex-Up Pramukh of Panchayat Samiti,
Patna High Court CWJC No.24967 of 2013 dt.13-05-2015 3
Sangrampur in the District of East Champaran has questioned the 'no
confidence motion, passed against him in the special meeting held on
30.12.2013.
Whereas CWJC No. 24967 of 2013 has been filed questioning the notice dated 27.11.2013 whereby the Executive Officer-cum-Block Development Officer has requested the petitioner to convene the special meeting, CWJC No. 1259 of 2014 substantively questions the 'no confidence motion, passed against the petitioner.
Since the two writ petitions question the no confidence motion at different stages, hence both of them have been heard together and with consent of the parties, are being disposed of by a common judgment.
For the sake of convenience I shall be referring to the pleadings as occurring in CWJC No. 1259 of 2014 unless clarified by specific reference to the other writ petition.
Facts briefly stated is that a requisition was moved against the petitioner expressing 'no confidence' in him on certain allegations which find mention in the requisition present at Annexure-6. Following the requisition the Block Development Officer vide letter no. 190 dated 27.11.2013 placed at Annexure-7 requested the petitioner who is the Up Pramukh, to convene a special meeting as at Patna High Court CWJC No.24967 of 2013 dt.13-05-2015 4 the relevant time the Pramukh had been removed and by operation of law, the petitioner as Up-Pramukh was looking into the affairs of the Panchayat Samiti. The petitioner did not proceed to convene the meeting and as a consequence the members got together and by virtue of the right vested in them under Section 44(3) of the Bihar Panchayat Raj Act, 2006 held a meeting on 16.12.2013 and fixed the date of special meeting on 30.12.2013 and communicated the same to the Block Development Officer who in turn informed the petitioner on 17.12.2013 about the meeting fixed on 30.12.2013. Since the petitioner had objected to the initiation of the motion hence he did not participate in the special meeting held on 30.12.2013 in which the motion was passed. Copy of the resolution is placed at Annexure-10 to the writ petition.
A very short issue has been raised by Mr. Pandey to question the 'no confidence motion' and with reference to the provisions underlying Section 44(3)(i) of the Act, he submits that whereas the Act mandates a presentation of the requisition to the Pramukh, a plain reading of the requisition present at Annexure-6 would manifest that though addressed to the petitioner, it was routed through the Executive Officer-cum-Block Development Officer, Sangrampur and which is not the mandate of law. The issue so raised by Mr. Pandey stands concluded by a number of judgment of this Patna High Court CWJC No.24967 of 2013 dt.13-05-2015 5 Court and the practice of routing the requisition through the office of the Executive Officer has been held to be in contravention to the statutory provisions.
Mr. Harish Kumar, learned G.P.-32 as well as Mr. Manglam do not dispute the legal issue raised but submit that following the vacancy, an election was held on 7.2.2014 and in which the respondent no. 9, namely, Buni Sahani has been elected as a new Up- Pramukh. He further submits that since the election has already taken place and the respondent no. 9 presently holds the post of Up- Pramukh, hence the election so held on 7.2.2014 may be made subject to the outcome of the 'no confidence motion' for in case the petitioner would succeed in the 'no confidence motion' it would result in invalidation of the re-election but in case the motion is passed against the petitioner then it would not require to go through the rigours of another election.
In my view the submission of Mr. Manglam is fair and is accepted. In view of the uncontested position regarding the invalid form of the requisition, the same present at Annexure-6 to the writ petition cannot be upheld and is accordingly set aside and as a consequence the 'no confidence motion' passed against the petitioner on 30.12.2013 would also fail and is set aside. The petitioner as a result stands restored to the post of Up Pramukh. The requisitionists Patna High Court CWJC No.24967 of 2013 dt.13-05-2015 6 shall be at liberty to move afresh in the matter and if they so choose to move against the petitioner, they would be at liberty to serve a fresh requisition in terms of the provisions underlying Section 44(3) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'). It goes without saying that any such requisition presented before the petitioner would be in conformity with law and the petitioner as well as the Executive Officer shall abide by the statutory provisions in the matter of fixation of date and circulation of the notice. In case the petitioner fails to fix the date of special meeting within the period prescribed under 'the act' then the requisitionists shall be at liberty to proceed in the matter in accordance with law. The election of respondent no. 9 as Up-Pramukh of the Panchayat Samiti by virtue of election held on 7.2.2014 shall remain in abeyance and would be subject to final outcome of the 'no confidence motion' so to be moved against the petitioner. .
CWJC No. 1259 of 2014 is allowed and CWJC No. 24967 of 2013 is disposed of.
(Jyoti Saran, J) S.Sb/-
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