Patna High Court - Orders
Mithilesh Kumar Pathak vs The State Of Bihar & Ors on 15 April, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5205 of 2014
======================================================
Mithilesh Kumar Pathak, son of Late Madhusudan Pathak, resident of
Village + P.O- Motha, P.S- Karakat, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Panchayat Raj, Government
of Bihar.
2. District Magistrate, Rohtas at Sasaram.
3. Sub- Divisional Magistrate, Bikramganj, Rohtas.
4. District Panchayat Raj Officer, Rohtas at Sasaram.
5. Block Development Officer, Karakat, District- Rohtas.
6. Gram Panchayat, Motha through Panchayat Secretary, Gram
Panchayat, Motha, District- Rohtas.
7. Mukhiya, Gram Panchayat, Motha, P.S- Karakat, District- Rohtas.
8. Vinod Kumar Singh, son of Late Ishwar Dayal Saunkik.
9. Bal Bhagwan Singh, son of Radha Singh.
10. Ram Niwas Ram, son of Nakchadi Ram.
11. Rajesh Singh, son of Late Hira Singh.
12. Sonapatti Devi, wife of Ramchander Sah.
13. Roshan Jahan, wife of Ishrajul Haque.
14. Binda Devi, wife of Upendra Singh.
15. Sabita Devi, wife of Santosh Pandey.
All are residents of Village + P.O- Motha, P.S- Karakat, District-
Rohtas.
16. Nitish Kumar, son of Gauri Shankar Ram.
17. Tijiya Devi, wife of Dhanji Ram.
Both are residents of Village- Sanshar Dehiri, Post- Kurur,
District- Rohtas.
18. Hulaso Devi, wife of Raja Ram Sharma.
19. Asha Devi, wife of Radhey Shyam Ram.
20. Lal Muni Singh, son of Late Sita Ram Singh.
All are residents of Village- Raghunathpur, P.O- Motha, P.S-
Karakat, District- Rohtas.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh
Mr. Arvind Kumar Pandey
For the Respondent/s : Mr. Kinkar Kumar, SC-27
Mr. Mahboob Ashraf, AC to SC-27
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 15-04-2015Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State. Patna High Court CWJC No.5205 of 2014 (3) dt.15-04-2015 2
The petitioner, an Ex- Up Mukhiya of Gram Panchayat Raj, Motha in the district of Rohtas has questioned the no confidence motion passed against him in the special meeting held on 21.10.2013, whereby he has been unseated.
Although the no confidence motion has sought to be questioned by the petitioner on several grounds viz. the legal right of the requisitionists to convene the meeting, the requisition being not in the form prescribed under section 18(4)(ii) of the Bihar Panchayat Raj Act, 2006 inasmuch as it has been addressed to the Block Development Officer as well as on other issues and of which the issue of requisition does merit a consideration but considering that following the unseating of the petitioner the election for filling up the post of Up-Mukhiya was again notified vide letter dated 19.12.2013 of the State Election Commission fixing the date of election on 3.1.2014 in which election the petitioner again contested the post of Up Mukhiya and has been declared unsuccessful in the contest. The petitioner in my opinion has by participating in the subsequent election to the post of Up Mukhiya has waived of his right to question the no confidence motion which was the reason for holding of the reelection. The petitioner having taken the calculated risk to contest the reelection of Up Mukhiya, he cannot turn back to Patna High Court CWJC No.5205 of 2014 (3) dt.15-04-2015 3 question his ouster in the no confidence motion for whatsoever reason.
For the reasons aforementioned I find no merit to interfere with the no confidence motion questioned by the petitioner which issue has been rendered academic.
The writ petition is dismissed accordingly.
(Jyoti Saran, J) SKPathak/-
U