Patna High Court - Orders
Savita Devi vs The State Of Bihar on 9 February, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2272 of 2024
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Savita Devi Wife of Ramanand Singh, Pramukh, Panchayat Samiti, Mahnar,
Resident of Near Lakshmi ITI, College, Minapur, Pokhra, Hajipur, P.S.
Hajipur Town, District - Vaishali, Pin- 844101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Additional Chief Secretary, Department of Panchayati Raj, Government
of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Panchayati Raj, Department of Panchayati Raj, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
4. The Collector-cum-District Magistrate, District- Vaishali.
5. The District Panchayat Raj Officer, Vaishali.
6. The Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Mahnar, Block- Mahnar, District Vaishali.
7. Jitendra Kumar, Son of Sanjay Thakur, Resident of Village - Hargovindpur,
P.S. Mahnar, District- Vaishali, Member Panchayat Samiti, Mahindwara
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
8. Sunil Kumar Singh, Son of Late Maheshwar Singh, Resident of Village
Jambaj, P.S. Mahnar, District- Vaishali, Member Panchayat Samiti,
Dedhpura Panchayat, the elected Panchayat Samiti member of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
9. Sangita Kumari, Wife of Praveen Kumar, Resident of Village - Narayanpur
Dedhpura, P.S. - Mahnar, District- Vaishali, Member Panchayat Samiti,
Dedhpura Panchayat, the elected Panchayat Samiti member of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
10. Kalyani Devi, Wife of Vipin Kumar Thakur, Resident of Village Karnauti,
P.S. Mahnar, District-Vaishali, Member Panchayat Samiti, Karnauti
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
11. Rina Devi, Wife of Vinod Chaudhary, Resident of Village Karnauti, P.S.
Mahnar, District-Vaishali, Member Panchayat Samiti, Karnauti Panchayat,
the elected Panchayat Samiti member of the Block Panchayat Samiti,
Mahnar, through the Block Development Officer cum Executive Officer,
Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
12. Kiran Devi, Wife of Pramod Chaudhary, Resident of Village Sarmastpur,
Patna High Court CWJC No.2272 of 2024(2) dt.09-02-2024
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P.S. Mahnar, District-Vaishali, Member Panchayat Samiti, Sarmastpur
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
13. Md. Tahir, Son of Md. Newaji, Resident of Village -Naurangpur, P.S.
Mahnar, District- Vaishali, Member Panchayat Samiti, Mahammadpur
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
14. Mamta Devi, Wife of Prithvi Paswan, Resident of Village Vishanpur, P.S.
Mahnar, District-Vaishali, Member Panchayat Samiti, Paharpur Vishanpur
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
15. Kiran Kumari, Wife of Raju Ram, Resident of Village - Chamrahra, P.S.
Mahnar, District- Vaishali, Member Panchayat Samiti, Chamrahra
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
16. Chandrakala Devi, Wife of Arun Mahto, Resident of Village Vasudeopur,
P.S.- Mahnar, District- Vaishali, Member Panchayat Samiti, Vasudeopur
Chandel Panchayat, the elected Panchayat Samiti member of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
17. Sindhu Kumari, Wife Jitendra Kumar Sahni, Resident of Village
Gorigamma, P.S.- Mahnar, District- Vaishali, Member Panchayat Samiti,
Gorigamma Panchayat, the elected Panchayat Samiti members of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
18. Meena Devi, Wife of Pandey Rai, Resident of Village- Lavapur Narayan,
P.S.- Mahnar, District- Vaishali, Member Panchayat Samiti, Lavapur
Narayan Panchayat, the elected Panchayat Samiti member of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
19. Neha Kumari, Wife of Suraj Rai, Resident of Village Lavapur Mahnar, P.S.
Mahnar, District- Vaishali, Member Panchayat Samiti, Lavapur Mahnar
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
20. Kailash Rai, Son of Late Prabhansh Rai, Resident of Village Chakeso, P.S.-
Mahnar, District-Vaishali, Member Panchayat Samiti, Alipur Hatta
Panchayat, the elected Panchayat Samiti member of the Block Panchayat
Samiti, Mahnar, through the Block Development Officer cum Executive
Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District - Vaishali.
21. Genhari Paswan, Son of Late Vigan Bhagat, Resident of Village Alipur
Patna High Court CWJC No.2272 of 2024(2) dt.09-02-2024
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Hatta, P.S. Mahnar, District- Vaishali, Member Panchayat Samiti, Alipur
Hatta Panchayat, the elected Panchayat Samiti member of the Block
Panchayat Samiti, Mahnar, through the Block Development Officer cum
Executive Officer, Block Panchayat Samiti, Mahnarl, Block Mahnar, District
- Vaishali.
22. Sweety Kumari, Wife of Shikesh Kumar Singh, Resident of Village -
Hasanpur Dakshini, P.S. - Mahnar, District- Vaishali, Member Panchayat
Samiti, Hasanpur Dakshini Panchayat, the elected Panchayat Samiti member
of the Block Panchayat Samiti, Mahnar, through the Block Development
Officer cum Executive Officer, Block Panchayat Samiti, Mahnarl, Block
Mahnar, District - Vaishali.
23. Sanjiv Mahto, Son of Late Ramdayal Mahto, Resident of Village Hasanpur
Dakshini Bahlolpur, P.S. - Mahnar, District- Vaishali, Member Panchayat
Samiti, Hasanpur Dakshini Panchayat, the elected Panchayat Samiti member
of the Block Panchayat Samiti, Mahnar, through the Block Development
Officer cum Executive Officer, Block Panchayat Samiti, Mahnarl, Block
Mahnar, District - Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bindhyachal Singh, Sr. Advocate
Mr.Vasant Vikas, Advocate
Mr.Shakib Ayaz, Advocate
Mr.Umakant Mishra, Advocate
For the Respondent/s : Ld. Standing Counsel 8
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 09-02-2024Heard Mr. Bindhyacyhal Singh, learned Senior counsel along with Mr. Vasant Vikash, Mr. Shakib Ayaz and Mr. Umakant Mishra, learned counsels appearing on behalf of the petitioners and the learned Standing Counsel 8 for the State.
2. It is admitted by the parties that a date of special meeting of no confidence has been fixed by the B.D.O.-cum- Executive Officer, Mahnar, District Vaishali at Hajipur on 10.02.2024, which is not in accordance with the provisions of democratic process especially the provisions of Section 44(3)(i) Patna High Court CWJC No.2272 of 2024(2) dt.09-02-2024 4/5 of Bihar Panchayat Raj Act, 2006. The B.D.O.-cum-Executive Officer do not have jurisdiction to notify the date of special meeting.
3. On perusal of order dated 27.01.2024 passed by the Collector-cum-District Magistrate, Vaishali at Hajipur also do not find any reference that the District Magistrate had directed to the B.D.O.-cum-Executive Officer to fix the date of special meeting at his own end.
4. The provision of Section Section 44(3)(i) of Bihar Panchayat Raj Act, 2006 is self-contained, which prescribes that in case, the Pramukh fails to fix a date of special meeting, then in that case, Up-Pramukh will fix the date of special meeting. In case, the Pramukh and the Up-Pramukh fail, then in that case, the elected members of the Panchayat Samity can fix a date of special meeting.
5. That having not been done in the present case, the B.D.O.-cum-Executive Officer, as contained in letter no.59 dated 02.02.2024, after fixing a date of special meeting on 10.02.2024 communicated the same to the elected members and the petitioner, who is the Pramukh as well as the Up-Pramukh can not be held to be in accordance with the provisions of Section 44 (3) (I) of the Bihar Panchayat Raj Act, 2006. The Patna High Court CWJC No.2272 of 2024(2) dt.09-02-2024 5/5 same is set aside and hereby quashed.
6. The Collector-cum-District Magistrate, Vaishali at Hajipur is directed to take appropriate disciplinary action against the B.D.O.-cum-Executive Officer, Mahnar, District- Vaishali at Hajipur to having exceeded his jurisdiction and not having followed the democratic process.
7. The petitioner, who is the Pramukh or the Up- Pramukh or the elected members, as the case may be, may proceed to fix a date of special meeting, as per the requirement in accordance with provisions of Section 44(3)(i) of Bihar Panchayat Raj Act, 2006. The Presiding Officer is directed to maintain the fairness and must follow the democratic process in announcing the result of the special meeting of no confidence motion.
8. With the above observation/direction, the present writ petition stands disposed of.
(Purnendu Singh, J) chn/-
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