Patna High Court - Orders
Ajmira Khatoon vs The State Of Bihar & Ors on 14 July, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18824 of 2013
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1. Ajmira Khatoon Wife of Rahimuddin Resident of Village - Dhumgadh,
P.O. Pathamari, P.S. Thakurganj, District - Kishanganj, Presently Pramukh
of Block Panchayat Samiti, Thakurganj, District - Kishanganj
.... .... 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 Director, Panchayati Raj Department, Government of Bihar, Patna
4. The District Magistrate, Kishanganj, District - Kishanganj
5. The Sub-Divisional Officer, Kishanganj, District - Kishanganj
6. The Block Development Officer, Thakurganj-Cum-Executive Officer,
Block Panchayat Samiti, Thakurganj, District - Thakurganj
7. Sri Ikramul Haque Son of Late Janshed Ali Resident of Village - Banda
Jhula, P.O. and P.S. Jiya Pokhar, District - Kishanganj, Presently Up-
Pramukh of Block Panchayat Samiti, Thakurganj, District - Kishanganj,
Elected Member of the Block Panchayat Samiti, Thakurganj through the
Block Development Officer-Cum-Executive Officer, Block Panchayat
Samiti, Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
8. Sri Shiv Chandra Sharma Son of not known to the petitioner Elected
Member of the Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
9. Sri Blue Lal Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
10. Smt. Charan Devi Wife of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
11. Sri Rohit Lal Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
12. Sri Nuruddin son of not known to the Petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
and P.S. Thakurganj, District - Kishanganj
13. Md. Kalim Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
14. Md. Mushtaq Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
2 Patna High Court CWJC No.18824 of 2013 (6) dt.14-07-2014
2/6
15. Smt. Geeta Besra Wife of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
16. Smt. Rita Rai Wife of not known to the petitioner Elected Member of
the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
17. Smt. Noor Jahan Wife of not known to the petitioner Elected Member of
the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
18. Smt. Soghara Nahid Wife of not known to the petitioner Elected
Member of the Block Panchayat Samiti, Thakurganj through the Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
19. Smt. Farhat Jahan Wife of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
20. Smt. Tajkara Wife of not known to the petitioner Elected Member Of
The Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
21. Sri Narayan Yadav Son of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
22. Sri Azam Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
23. Md. Tafizul Son of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
24. Smt. Amna Wife of not known to the petitioner Elected Member of the
Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
and P.S. Thakurganj, District - Kishanganj
25. Smt. Nasiran Banu Wife of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
26. Smt. Rukiya Begum Wife of not known to the petitioner Elected
Member of the Block Panchayat Samiti, Thakurganj through the Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
27. Md. Yunus Alam Son of not known to the petitioner Elected Member of
the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
3 Patna High Court CWJC No.18824 of 2013 (6) dt.14-07-2014
3/6
28. Smt. Jali Devi Wife of not known to the petitioner Elected Member of
the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
and P.S. Thakurganj, District - Kishanganj
29. Smt. Dilshad Begum Wife of not known to the petitioner Elected
Member of the Block Panchayat Samiti, Thakurganj through the Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
30. Smt. Kausari Begum Wife of not known to the petitioner Elected
Member Of The Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
31. Smt. Sunita Hansda Wife of not known to the petitioner Elected
Member Of The Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
32. Sri Naushad Alam Son of not known to the petitioner Elected Member
Of The Block Panchayat Samiti, Thakurganj Through The Block
Development Officer-Cum-Executive Officer, Block Panchayat Samiti,
Thakurganj, P.O. And P.S. Thakurganj, District - Kishanganj
33. Md. Yasin Son of not known to the petitioner Elected Member Of The
Block Panchayat Samiti, Thakurganj Through The Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
34. Smt. Meful Nisha Wife of not known to the petitioner Elected Member
of the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
35. Smt. Rita Roy Wife of not known to the petitioner Elected Member of
the Block Panchayat Samiti, Thakurganj through the Block Development
Officer-Cum-Executive Officer, Block Panchayat Samiti, Thakurganj, P.O.
And P.S. Thakurganj, District - Kishanganj
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam, Adv.
For the Respondent/s : Mr. Bhola Prasad, Adv.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
6 14-07-2014Heard Mr. Shashi Bhushan Kumar Manglam, learned counsel for the petitioner, learned counsel for the State and Mr. Bhola Prasad learned counsel for the private respondent.
The petitioner initially questioned the requisition submitted 4 Patna High Court CWJC No.18824 of 2013 (6) dt.14-07-2014 4/6 by the members for moving no confidence motion against her under the provisions of Section 44(3)(i) of the Panchayat Raj Act, 2006 (hereinafter referred to as „the Act‟) whereby the petitioner who happens to be the Pramukh of the Panchayat Samiti, Thakurganj, District Kishanganj was sought to be unseated on grounds of alleged irregularities but since during the pendency of this writ petition, the no confidence motion was passed on 23.9.2013 and following which election was declared by the State Election Commission vide notice dated 5.10.2013 fixing the date of reelection of Pramukh on 18.10.2013, the same was sought to be questioned by filing I.A. No. 4501 of 2014. The matter was thereafter heard by a Bench of this Court when the Bench while issuing notice was pleased to stay the operation of the notice of reelection dated 5.10.2013 vide order passed on 8.10.2013. The notice having been served on the private respondents, the matter is before this Court for final disposal.
The only ground raised by Mr. Manglam to question the entire proceeding culminating in passing of the no confidence motion on 23.9.2013 is that the requisition was not validly served upon the petitioner as mandated under Section 44(3)(i) of the Act. He submits that since the very service of notice is contrary to the statutory provisions hence all consequential fall out of such 5 Patna High Court CWJC No.18824 of 2013 (6) dt.14-07-2014 5/6 requisition would not stand the test of law.
The arguments has been contested by learned counsel for the State as well as the private respondents relying upon the proceeding of the Panchayat Samiti enclosed at Annexure-B to the counter affidavit filed on behalf of the State, to submit that the notice was served upon the petitioner as noted therein and the petitioner in turn has directed to place the requisition in a file following which it is the petitioner herself who proceeded to fix up the date of special meeting on 23.9.2013 and has also participated in the meeting which is manifest from her signature appearing at serial No. 9 of the proceeding dated 23.9.2013 placed at Annexure-C. It is thus the stand of the State and the private respondents that having participated in the special meeting and having lost the motion, it is not open for the petitioner to question the validity of the same on grounds of non service of the requisition.
Learned counsel in support of their submissions have relied upon a Bench decision of this Court rendered in the case of Wakil Das Vs. State of Bihar & Ors. arising from C.W.J.C. No. 14904 of 2013 when considering the identical situation, the Bench relying upon a judgment of this Court reported in 2002(3) PLJR 589 (Sanjay Singh Som vrs. State of Bihar) dismissed the writ 6 Patna High Court CWJC No.18824 of 2013 (6) dt.14-07-2014 6/6 petition while observing as follows:
"6. Having considered the matter, in my view, the writ petition must fail. It is, no doubt, clear that provisions of section 44(3)(i) of the Panchayat Raj Act with regard to presentation of the requisition to the Pramukh and circulation of notice containing charges are mandatory. But if notwithstanding deficiency in those, the Pramukh contested the matter on merits before the Panchayat Samiti by participating in the meeting and having taken this chance and having lost the confidence of the house, if he is permitted to challenge the same on legal technicalities, there the people may say that a person, who was democratically elected and democratically removed and who did not enjoy the confidence of the house, is being retained only on pure legal technicality. He having taken a chance and faced the house and having lost confidence in house, thus, in my view, cannot be permitted to challenge the same".
In view of the law settled and the uncontested position that the petitioner has not only acted pursuant to the requisition in fixing the date of special meeting but has also participated therein and whereafter has lost the confidence of the house, she would not have any legal right to question the proceeding on the anvil of non service of requisition. No cause for indulgence is made out. The writ application and the interlocutory applications are accordingly dismissed. The interim order passed on 8.10.2013 stands vacated.
(Jyoti Saran, J) Bibhash/-
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