Patna High Court - Orders
Awadhesh Kumar vs The State Of Bihar & Ors on 28 July, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12041 of 2014
With
I.A. No.5160 of 2014
With
I.A. No.5206 of 2014
======================================================
Awadhesh Kumar, S/o Ramadhar Ram, R/o village- Mohabbat Chapra, P.S.
Turkaulia, District - East Champaran, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar,
Patna
2. Sub - Divisional Officer, Sadar Motihari, District - East Champaran.
3. The Block Development officer, Block - Turkaulia, District - East
Champaran.
4. Aniruddh Singh, Panchayat Samiti No. 3, Block - Turkaulia, son of
Langtu Singh village - Khagni, P.S. Turkaulia, District East
Champaran.
5. Budi Paswan, Panchayat Samiti - 6, Block - Turkauli, village -
Turkaulia, P.S. Turkaulia, District - East Champaran, Bihar.
6. Punam Devi, Panchayat Samiti - 8, Block - Turkaulia, village -
Badharwa, P.S. Turkaulia, District - East Champaran, Bihar.
7. Geeta Devi, Panchayat Samiti - 9, Block - Turkaulia, village - Sikha,
P.S. Turkaulia, District - East Champaran, Bihar
8. Bhagmati Devi, Panchayat Samiti - 21, Block - Turkaulia, village -
Kushahri, P.S. Turkaulia, District - East Champaran, Bihar
9. Marocho Devi, Panchayat Samiti - 20, Block - Turkaulia, village -
Madhopur Tansharia, P.S. Turkaulia, District - East Champaran,
Bihar.
10. Ajay Kumar Singh, Panchayat Samiti - 1, Block - Turkaulia village -
Belwarai, P.S. Turkaulia, District - East Champaran, Bihar.
11. Anil Kumar Singh, Panchayat Samiti - 4, Block - Turkaulia, village -
Bijulpur Jeerat, P.S. Turkaulia, District - East Champaran, Bihar.
12. Namita Sharan, Panchayat Samiti - 15, Block - Turkaulia village -
Raghunathpur, P.S. Turkaulia, District - East Champaran, Bihar.
13. Manoj Kumar Panchayat Samiti - 2, Block - Turkaulia, village -
Turkaulia, P.S. Turkaulia, District - East Champaran, Bihar
14. Shambhu Sah, Panchayat Samiti - 15, Block - Turkaulia, village -
Lakhsmipur Gadariya, P.S. Turkaulia, District - East Champaran,
Bihar.
15. Muhammad Lukman Panchayat Samiti - 12 Block - Turkaulia, village
- Koraiyya, P.S. Turkaulia, District - East Champaran, Bihar.
16. Lalmati Devi, Panchayat Samiti - 17, Block - Turkaulia, village -
Pipariya, P.S. Turkaulia, District - East Champaran, Bihar.
17. Prabha Prasad Panchayat Samiti - 14, Block - Turkaulia, village -
Pipariya, P.S. Turkaulia, District - East Champaran, Bihar.
18. Eid Mohammad Devan Panchayat Samiti - 2, Block - Turkaulia,
village - Belwarai, P.S. Turkaulia, District - East Champaran, Bihar.
19. Pushpa Pandey, Panchayat Samiti - 18, Block - Turkaulia, village -
Shankar Saraiyya, P.S. Turkaulia, District - East Champaran, Bihar.
20. Shanti Devi, Panchayat Samiti - 19, Block - Turkaulia, village -
Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 2
Majuraha, P.S. Turkaulia, District - East Champaran, Bihar.
21. Kuwar Ram, Panchayat Samiti - 05, Block - Turkaulia, village -
Majhariya, P.S. Turkaulia, District - East Champaran, Bihar.
22. Soni Devi, Panchayat Samiti - 7, Block - Turkaulia, village - Bagahi,
P.S. Turkaulia, District - East Champaran, Bihar.
23. Prem Kumar Prasad, Panchayat Samiti - 13, Block - Turkaulia Bazar,
village - Turkaulia, P.S. Turkaulia, District - East Champaran, Bihar.
24. Bihar State Election Commission through its Secretary, Sone Bhawan,
Patna.
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11948 of 2014
With
I.A. No.5262 of 2014
With
I.A. No.5190 of 2014
======================================================
Aniruddh Singh, son of Langtu Singh Village- Khagani, P.S- Turkaulia,
District- East Champaran, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar,
Patna.
2. Sub Divisional Officer, Sada Motihari, District- East Champaran.
3. The Block Development Officer, Block- Turkaulia, District- East
Champaran.
4. Awadhesh Kumar, Panchayat Samiti No. 11, Block- Turkaulia S/o
Ramadhar Ram, R/o Village Mohabbat Chapra, P.S- Turkaulia,
District- East Champaran, Bihar.
5. Budi Paswan, Panchayat Samiti-6, Block- Turkaulia, Village-
Turkaulia, P.S- Turkaulia, Distric- East Champaran, Bihar.
6. Punam Devi, Panchayat Samiti- 8, Block- Turkaulia, Village-
Badharwa, P.S- Turkaulia, District- East Champaran, Bihar.
7. Geena Devi, Panchayat Samiti-9, Block- Turkaulia, Village- Sikha,
P.S- Turkaulia, District- East Champaran, Bihar.
8. Bhagmati Devi, Panchayat Samiti-21, Block- Turkaulia Village-
Kushahri, P.S- Turkaulia, District- East Champaran, Bihar.
9. Marocho Devi, Panchayat Samiti- 20, Block- Turkaulia, Village-
Madhopur Tansharia, P.S- Turkaulia, District- East Champaran, Bihar.
10. Ajay Kumar Singh, Panchayat Samiti-1, Block- Turkaulia, Village-
Belwarai, P.S- Turkaulia, District- East Champaran, Bihar.
11. Anil Kumar Singh, Panchayat Samiti-4, Block- Turkaulia, Village-
Bijulpur, Jeerat, P.S- Turkaulia, District- East Champaran, Bihar.
12. Namita Sharan, Panchayat Samiti- 15, Block- Turkaulia Village-
Raghunathpur, P.S- Turkaulia, District- East Champaran, Bihar.
13. Manoj Kumar Panchayat Samiti-2, Block- Turkaulia, Village-
Turkaulia, P.S- Turkaulia, District- East Champaran, Bihar.
14. Shambhu Sah, Panchayat Samiti-15, Block -Turkaulia, Village-
Lakhsmipur Gadariya, P.S- Turkaulia, District- East Champaran,
Bihar.
15. Muhammad Lukman Panchayat Samiti-2, Block- Turkaulia, Village-
Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 3
Koraiyya, P.S- Turkaulia, District- East Champaran, Bihar.
16. Lalmati Devi, Panchayat Samiti- 17, Block- Turkaulia Village-
Pipariya, P.S- Turkaulia, District- East Champaran, Bihar.
17. Prabha Prasad Panchayat Samiti- 14,Block- Turkaulia, Village-
Pipariya, P.S- Turkaulia, District- East Champaran, Bihar.
18. Eid Mohammad Devan Panchayat Samiti-2, Block- Turkaulia,
Village- Belwarai, P.S- Turkaulia, District- East Champaran, Bihar.
19. Pushpa Pandey, Panchayat Samiti- 18, Block- Turkaulia, Village-
Shankar Saraiyya, P.S- Turkaulia, District- East Champaran, Bihar.
20. Shanti Devi, Panchayat Samiti- 19, Block- Turkaulia, Village-
Majuraha, P.S- Turkaulia, District- East Champaran, Bihar.
21. Kuwar Ram, Panchayat Samiti-05, Block- Turkaulia, Village-
Majhariya, P.S- Turkaulia, District- East Champaran, Bihar.
22. Soni Devi, Panchayat Samiti- 7, Block- Turkaulia, Village- Bagahi,
P.S- Turkaulia, District- East Champaran, Bihar.
23. Prem Kumar Prasad, Panchayat Samiti- 13, Block- Turkaulia Bazaar,
Village- Turkaulia, P.S- Turkaulia, District- East Champaran, Bihar.
24. Bihar State Election Commission through its Secretary, Sone Bhawan,
Patna.
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.12041 of 2014)
For the Petitioner/s : Mr. Ajay Kumar Thakur with
Mr. Kumar Kaushik
For the respondent- State : Mr. Mrigendra Kumar, AC to GA-11
For the Election Commission : Mr. Amit Shrivastava
Mr. Girish Pandey
For Respondent nos.5 to 15 : Mr. Vindhya Keshri Kumar, Sr. Adv.
With
Mr. Priyank Deepak
(In CWJC No.11948 of 2014)
For the Petitioner/s : Mr. Ajay Kumar Thakur with
Mr. Kumar Kaushik
For the respondent-State : AC to GA-12
For Respondent nos.10 & 14 : Mr. Umesh Kumar Singh
For other Private Respondents : Mr. Vindhya Keshri Kumar, Sr. Adv.
With
Mr. Priyank Deepak
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 28-07-2014Re: I.A. No.5206 of 2014 in CWJC No.12041 of 2014:
With I.A. No.5262 of 2014 in CWJC No.11948 of 2014:
Heard the parties.
These two interlocutory applications have been filed Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 4 with a prayer to implead the Bihar State Election Commission through its Secretary as respondent in the respective writ petitions. Prayer is allowed.
Learned counsel for the petitioners is permitted to add the Bihar State Election Commission as respondents in the respective writ petitions.
I.A. No.5206 of 2014 and I.A.No.5262 of 2014 are allowed.
Re: CWJC No.12041 of 2014 with I.A. No.5160 of 2014:
With CWJC No.11948 of 2014 with I.A. No.5159 of 2014:
Since these two writ petitions arise from the same motion of no confidence hence both the writ petitions have been taken up together with a view to their final disposal.
Mr. Ajay Kumar Thakur has appeared for the petitioners in the two writ petitions while the State is represented by the State Counsel, the requisitionists who participated in the 'No Confidence Motion' are represented by Mr. Vindhyakeshri Kumar, learned senior counsel and the State Election Commission is represented by Mr. Girish Pandey.
Whereas the petitioner in CWJC No.12041 of 2014 is the Pramukh of Panchayat Samiti, Block- Turkaulia, district- East Champaran, the petitioner in the other writ petition i.e. Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 5 CWJC No.11948 of 2014 is Up-Pramukh of the said Panchayat Samiti. As I have indicated hereinabove that since both the writ petitions question the same resolution of no confidence passed in the special meeting held on 5.7.2014 hence for the sake of convenience I shall be referring to the pleadings as occurring in CWJC No.12041 of 2014 unless it is clarified by specific reference to the second writ petition.
A requisition was filed by respondent nos.5 to 15 expressing no confidence in the Pramukh and the Up-Pramukh of the Panchayat Samiti and is dated 11.6.2014 placed at Annexure-3. The requisition so moved by the members of the Panchayat Samiti though addressed to the Pramukh but has been processed through the Secretary, Panchayat Samiti-cum- Block Development Officer. The petitioners have been charged with having committed certain irregularities as discussed in the requisition. The requisition was followed by a notice dated 27.6.2014 of the Block Development Officer -cum- Executive Officer informing all the members of Panchayat Samiti about the special meeting fixed for 5.7.2014 annexed as Annexure-4.
On 5.7.2014 the special meeting took place and in which the motion of no confidence was passed against the two petitioners in their absence. The proceedings are placed at Annexure-1 In Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 6 consequence of the 'No Confidence Motion' passed on 5.7.2014 the State Election Commission has notified the date for holding election of Pramukh and Up-Pramukh vide letter dated 16.7.2014 fixing the date of election on 31.7.2014 which is placed at Annexure-5 to I.A. No. 5160 of 2014.
Mr. Ajay Kumar Thakur, has questioned the proceedings leading to the passing of the 'No Confidence Motion' on the following grounds:
(a) The requisition as contained in Annexure-3 was not presented before the Pramukh, as required under section 44(3) (i) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') rather has been forwarded through the Panchayat Secretary -
cum- Block Development Officer: and
(b) The notice dated 27.6.2014 circulated by the Block Development Officer fixing the date of special meeting on 5.7.2014 contains no reasons/charges as mandatorily required under section 44(3)(v) of 'the Act'.
He submits that in absence of the presentation of requisition before the Pramukh and in absence of reasons/charges being mentioned on the notice convening Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 7 special meeting, the special meeting held on 5.7.2014 is without sanction of law and is fit to be set aside. He submits that as a consequence, the letter of the State Election Commission notifying election on 31.7.2014 also cannot be acted upon.
Although the arguments of learned counsel has been contested by the learned counsel appearing on behalf of the State as well as the requisitionists but the legal position emanating from the documents on record leave no room for confusion that the proceedings culminating in the 'No Confidence Motion' suffers from legal infraction. Section 44(3) (i) of 'the Act' mandates that the requisition is to be presented before the Pramukh and not routed through Block Development Officer. The requisition itself shows that it was being filed through the Block Development Officer which is not the requirement of law. This being the first infirmity, the illegality is further perpetuated in the notice convening the special meeting which does not contain any allegation/charge and thus is contrary to the stipulations provided under section 44(3) (v) of 'the Act.
Perhaps the situation would have been saved had the petitioners in the two writ petitions participated in the special meeting but the proceedings of the special meeting appended at Annexure-1 to the writ petition reflects that none of the two Patna High Court CWJC No.12041 of 2014 (3) dt.28-07-2014 8 petitioners participated rather it is admitted that the notice could not be served upon them.
In view of such uncontested factual position existing and there being no dispute on the statutory violations, the entire proceedings beginning from the filing of the requisition dated 11.6.2014 together with the notice convening special meeting dated 27.6.2014 and the 'No Confidence Motion' passed in the special meeting on 5.7.2014 are without sanction of law and are hereby set aside. As a consequence, the letter dated 16.7.2014 of the State Election Commission looses its significance and is accordingly set aside.
CWJC No.12041 of 2014 and CWJC No.11948 of 2014 are accordingly allowed. The interlocutory applications stands disposed of. The order passed in the present proceedings would however, not preclude the requisitionists to proceed against the petitioners in the two writ petitions in observance of the statutory provisions.
(Jyoti Saran, J) SKPathak/-
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