Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 10, Cited by 0]

Patna High Court

Akbar Hussain Ansari vs The State Of Bihar on 16 May, 2024

Author: Ashutosh Kumar

Bench: Chief Justice, Ashutosh Kumar, Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.125 of 2024
                                          In
                    Civil Writ Jurisdiction Case No.1726 of 2024
     ======================================================
1.   Sangeeta Devi wife of Jairam Yadav, resident of Village Sarsa, P.S.
     Dhanauli, District Siwan, at present Member, Zila Parishad, Siwan.
2.   Chand Tara Khatoon wife of Muslim Ansari, resident of Village Manian, P.S.
     Jiradai, District Siwan, at present Member, Zila Parishad, Siwan.


                                                                 ... ... Appellant/s
                                        Versus
1.   The State of Bihar through 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 Siwan.
5.   The Deputy Development Commissioner cum Chief Executive Officer, Zila
     Parishad, Siwan.
6.   The Additional Chief Executive Officer, Zila Parishad, Siwan.
7.   The District Panchayati Raj Officer, Siwan.
8.   Punam Kumari Singh wife of Kuldeep Singh, resident of Village and PO
     Aalapur, P.S. Pachrukhi, District-Siwan.
9.   Kamla Devi, Wife of Aiit Singh Resident of Village and PO-Laheji, P.S. M
     H Nagar, District Siwan.
10. Rajnish Gond, Son of Jai Prakash Gaur, Resident of Village and PO
     Shahpur, P.S. Nawtan, District Siwan.
11. Ramesh Kumar Singh, Son of Naga Kuwar, Resident of Village-Madaarpur,
     PO Kishunpura, P.S.- Lakri Nabiganj, District-Siwan.
12. Dhurendar Prasad, Son of Yogendra Parasad, Resident of Village- Rohra
     Kala, PO- Kailgadh, P.S.- Badhariya, District-Siwan.
13. Sharda Devi, Wife of Awadhesh Mahto, Resident of Village and PO- Bhagar,
     P. S.- Siswan, District- Siwan.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            2/56




  14. Nitu Devi, Wife of Shambhu Singh, Resident of Village Vaishakhi, P.O.-
        Hardia, P.S.- OP Sarai, District-Siwan.
  15. Ramdular Verma, Son of Jagarnath Prasad, Resident of Village and P.O.-
        Satwar, P.S.- GB Nagar (Tarwara), District- Siwan.
  16. Asha Devi, Wife of Raj Kishore Singh, Resident of Village-Bajitpur, PO
        Goriyakothi, P.S. Goriyakothi, District Siwan.
  17. Urmila Dev, Wife of Tribhuvan Singh, Resident of Village- Siktiya, P.O.-
        Kishunpura, P.S.- Jamo, District- Siwan.
  18. Brajesh Kumar Ray @ Brajesh Kumar Singh, Son of Rajendra Ray, Resident
        of Village and PO Jagdishpur, P.S.-Siswan, District- Siwan.
  19. Fazle Ali, Son of Jamaluddin Ahmad, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  20. Urmila Devi, Wife of Dhurendra Manjhi, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer, Zila parishad.
  21. Sindhu Devi, Wife of Swaminath Sah, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  22. Baby Devi, Wife of Jyotish Kumar, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  23. Usha Devi, Wife of Vidhyasagar Baitha, Member of the Zila Parishad,
        Siwan. through the Chief Executive Officer, Zila parishad.
  24. Haruni Mahto, Son of Sukun Mahto, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  25. Babita Devi, Wife of Mukesh Yadav, Member or the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  26. Pramod Kumar, son of Prithviraj Gupta, Member of the Zila Parishad,
        Siwan, through Chief Executive Officer, Zila parishad.
  27. Umesh Kumar, Son of Parmeshwar Manjhi, Member of the Zila Parishad,
        Siwan, through Chief Executive Officer, Zila parishad.
  28. Vinod Kumar Singh Son of Nayan Prasad Singh Member of theZiia
        Parishad, Siwan, through the Chief Executive Officer, Zila parishad.
  29. Sushil Kumar Son of Bhuneshwar Rai, Member of the Zila Parishad, Siwan,
        through Chief Executive Officer, Zila parishad.
  30. Babita Devi, Wife of Momendra Rai, Member of the Zila Parishad, Siwan,
        through Chief Executive Officer, Zila parishad.
  31. Dharmendra Kumar Yadav, Son of Gauri Shankar Yadav, Member of the Zila
        Parishad, Siwan, through the Chief Executive Officer, Zila parishad.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            3/56




  32. Nagina Yadav, Son of Bhagrasan Yadav, Member of the Zila Parishad,
        Siwan, through Chief Executive Officer, Zila parishad.
  33. Chotelal Yadav, Son of Kameksha Yadav, Member of the Zila Parishad,
        Siwan, through Chief Executive Officer, Zila parishad.
  34. Reena Devi, Wife of Awadh Bihari Singh, Member of the Zila Parishad,
        Siwan, through Chief Executive Officer, Zila parishad.
  35. Arvind Kumar Yadav, Son of Rajesh Kumar Yadav, Member of the Zila
        Parishad, Siwan, through the Chief Executive Officer, Zila Parishad.
  36. Manju Devi, wife of Jaggu Yadav, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  37. Amrita Devi, Wife of Harilal Gupta, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  38. Anita Devi, Wife of Late Sant Amta Ram, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer, Zila parishad.
  39. Sheela Devi, Wife of Dharmendra Kumar, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer, Zila parishad.
  40. Kahkasa Firdosh, Wife of Sonu Seraj Ahmad, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer, Zila Parishad
  41. Shayma Suhail, Wife of Md. Suhail, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  42. Bandna Devi, Wife of Hemant Singh Kushwaha, Member of the Zila
        Parishad, Siwan, through the Chief Executive Officer, Zila parishad.
  43. Manoj Baitha, Son of Bishwanath Baitha, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer. Zila parishad.
  44. Chandrika Ram, Son of Innar Ram, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.
  45. Mohammad Hanif, Son of Shahmuddin Miya, Member of the Zila Parishad,
        Siwan, through the Chief Executive Officer, Zila parishad.
  46. Renu Yadav, Wife of Jaymangal Yadav, Member of the Zila Parishad, Siwan,
        through the Chief Executive Officer, Zila parishad.


                                                                    ... ... Respondent/s
       ======================================================
                                                 with
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            4/56




                             Letters Patent Appeal No. 146 of 2024
                                                   In
                         Civil Writ Jurisdiction Case No.1439 of 2024
       ======================================================
  1.    Ramawati Devi W/o Barrister Chowdhury, Resident of Village-Barari
        Jagdish, P.S.-Thawe, Dist-Gopalganj.
  2.    Abida Khatoon W/o Md. Sohrab, resident of Village-Phataha, P.S.-
        Gopalganj, Dist-Gopalganj, Bihar.


                                                                     ... ... Appellant/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 District Magistrate, Gopalganj.
  4.    The Block Development Officer cum Executive Officer, Block Panchayat
        Samiti, Thawe, District-Gopalganj.
  5.    The State Election Commission of Bihar through The Election
        Commissioner, Bihar, Patna.
  6.    The Director Panchayati Raj Department, Government of Bihar, Patna.
  7.    The Sub Divisioanl Officer, Thawe, Dist-Gopalganj.
  8.    Kiran Devi, wife of Vinay Pratap Singh, Member, Block Panchayat Samiti,
        Thawe, Resident of Village-Bhusao, PS-Thawe, District-Gopalganj.
  9.    Shabina Khatoon wife of Firoz Ahmad, Member, Block Panchayat Samiti,
        Thawe, Resident of Village-Inderwa Bairam, PS-Gopalganj, District-
        Gopalganj.
  10. Savita Devi, wife of Om Prakash Manjhi, Member, Block Panchayat Samiti,
        Thawe, Resident of Village-Lachhwar, PS-Thawe, District-Gopalganj.
  11. Faiz Akhtar, son of Iliyas Ahmad, Member, Block Panchayat Samiti, Thawe,
        Resident of Village-Jagmalwa, PS-Thawe, District-Gopalganj.
  12. Afsana Praveen, W/o Late Sarfaraz Ahmad, resident of Village-Bagahan,
        Saida, P.S.-Thawe, Dist-Gopalganj.


                                                                 ... ... Respondent/s
       ======================================================
                                                 with
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            5/56




                        Civil Writ Jurisdiction Case No. 1507 of 2024
       ======================================================
       Rinku Devi wife of Dinkar Chaudhary, resident of Village-Singhia Makanpur,
       Ward No. 5, P.S. Gopalpur, Naugachhiya, District-Bhagalpur, Bihar-853204.


                                                                    ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Principal Secretary, Panchayat Raj Department, Government of Bihar,
        Patna.
  3.    The Director, Panchayat Raj Department, Government of Bihar, Patna.
  4.    The District Magistrate, Bhagalpur.
  5.    The Sub Divisioanl Officer, Gopalpur, District-Bhagalpur.
  6.    The Block Development Officer, Gopalpur cum Executive Officer, Block
        Panchayat Samiti, Gopalpur, District-Bhagalpur.
  7.    Babumani Yadav, son of Bharat Yadav, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  8.    Mala Devi, Wife of Umesh Singh, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  9.    Dhananjay Singh, Son of not known, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  10. Deepak Kumar, son of Akhileshwar Prasad Sharma, member of Block
        Panchayat Samiti, Gopalpur, through the Block Development Officer cum
        Executive Officer, Block Panchayat Samiti, Gopalpur, P.S. Gopalpur,
        District-Bhagalpur.
  11. Manoj Kumar Das, Son of Narayan Ravi Das, member of Block Panchayat
        Samiti, Gopalpur, through the Block Development Officer cum Executive
        Officer, Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-
        Bhagalpur.
  12. Md. Tetar, son of Md. Kamruddin member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            6/56




  13. Dhananjay Kumar, son of Naresh Yadav, member of Block Panchayat
        Samiti, Gopalpur, through the Block Development Officer cum Executive
        Officer, Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-
        Bhagalpur.
  14. Manoj Jha, son of Jai Bhadar Jha, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  15. Annu Kumari, wife of Pawan Kumar, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  16. Ragani Devi, wife of Saket Bihari, member of Block Panchayat Samiti,
        Gopalpur, through the Block Development Officer cum Executive Officer,
        Block Panchayat Samiti, Gopalpur, P.S. Gopalpur, District-Bhagalpur.
  17. The State Election Commission Patna through its Secretary.


                                                                 ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 1521 of 2024
       ======================================================
  1.    Sheela Devi @ Sheela Kumari Wife of Sri Shashi Ranjan Kumar, resident of
        village - Kalhua @ Kolhua, P.O. Kolhua, P.S. Sahajitpur, District - Saran at
        Chapra. The elected member of Block Panchayat Samiti, Baniyapur, P.O.
        and P.S. Baniyapur, District - Saran at Chapra.
  2.    Bhagwan Rai, Son of Gariba Rai, Resident of Village - Rajauli, P.O. Berui,
        P.S. Baniyapur, District - Saran at Chapra. The elected member of Block
        Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran at
        Chapra.
  3.    Mokhtar Rai, Son of Bhairav Rai, resident of village- Dhauri, P.O. Sarmi,
        P.S. Sahajitpur, District - Saran at Chapra.The elected member of Block
        Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran at
        Chapra.
  4.    Gulab Thakur, Son of Gudri Thakur, resident of village- Shreepur, P.O.
        Maricha, P.S. Sahajitpur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            7/56




        at Chapra.
  5.    Pintu Kumar Pandit, Son of Mahanth Pandit, resident of Village and P.O. -
        Pipra, P.S. - Sahajitpur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
        at Chapra.
  6.    Santosh Rai, Son of Pancham Rai, Resident of village - Ibrahimpur, P.O.
        Harpur, P.S. Baniyapur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
        at Chapra.
  7.    Pawan Kumar, son of Om Prakash Sharma, resident of village - Bhumihara,
        P.O. - Harpur, P.S. - Baniyapur, District - Saran at Chapra.The elected
        member of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur,
        District - Saran at Chapra.
  8.    Anil Kumar Sharma, Son or Rameshwar Sharma, Resident of village -
        Katsa, P.O. Madarpur, P.S. - Sahajitpur, District - Saran at Chapra.The
        elected member of Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  9.    Ramawati Devi, Wife of Manindra Mahto, resident of village- Chhapiyan,
        P.O. Isuapur, P.S. Baniyapur, District - Saran at Chapra.The elected member
        of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District -
        Saran at Chapra.
  10. Sarita Devi, Wife of Janak Kumar Singh, resident of village and P.O. Bhithi
        Sahabuddin, P.S. Baniyapur, District - Saran at Chapra.The elected member
        of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District -
        Saran at Chapra.
  11. Urmila Devi, Wife of Vikas Kumar Thakur, resident of village - Khabsa,
        P.O. Khabsi, P.S. - Baniyapur, District - Saran at Chapra.The elected
        member of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur,
        District - Saran at Chapra.
  12. Punkali Devi, Wife of Bindhyachal Sah, resident of Village and P.O.
        Laubakala, P.S. Baniyapur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
        at Chapra.
  13. Bhairav Pandey, Son of Janardan Pandey, resident of village and P.O. Usti,
        P.S. Baniyapur, District - Saran at Chapra.The elected member of Block
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            8/56




        Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran at
        Chapra.
  14. Umrawati Devi, Wife of Amardeo Kumar Pandit, resident of village and P.O.
        Piparpati, P.S. Sahajitpur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
        at Chapra.
  15. Gayatri Devi, Wife of Murari Kumar Singh, resident of village - Karah, P.O.
        Harpur, P.S. Baniyapur, District - Saran at Chapra.The elected member of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
        at Chapra.
  16. Nirmala Devi, Wife of Raj Kumar Sah, resident of village - Ramdhanaw,
        P.O. - Dhanaw, P.S. Baniyapur, District - Saran at Chapra.The elected
        member of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur,
        District - Saran at Chapra.
  17. Arti Devi, Wife of Bhuar Ram, resident of village - Bhusaon, P.O.
        Hariharpur, P.S. Baniyapur, District - Saran at Chapra.The elected member
        of Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District -
        Saran at Chapra.


                                                                     ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  2.    The Additional Chief Secretary, Panchayati Raj Department, Government of
        Bihar, Patna.
  3.    The District Magistrate, Saran at Chapra, District - Saran at Chapra.
  4.    The Superintendent of Police, Saran at Chapra, District - Saran at Chapra.
  5.    The District Panchayat Raj Officer, Saran at Chapra, District - Saran at
        Chapra.
  6.    The Sub-Divisional Officer, Chapra Sadar, District - Saran at Chapra.
  7.    The Block Development Officer-cum-Executive Officer, Block Panchayat
        Samiti, Baniyapur, District - Saran at Chapra.
  8.    The Block Panchayat Raj Officer, Baniyapur, District - Saran at Chapra.
  9.    The Station Head Officer, Baniyapur, District - Saran at Chapra.
  10. Smt. Manjusha Ojha, Wife of Sri Mani Bhushan Ojha, presently Pramukh of
        Block Panchayat Samiti, Baniyapur, P.O. and P.S. Baniyapur, District - Saran
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            9/56




        at Chapra.
  11. Sri Diwakar Kumar Tiwary, son of not known to the petitioners, Presently
        Up-Pramukh of Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  12. Mani Bhushan Dubey, son of not known to the petitioners, The elected
        members of Block Panchayat Samiti, Baniyapur through the Block
        Development Officer-cum-Executive Officer, Block Panchayat Samiti,
        Baniyapur, P.O. and P.S. Baniyapur, District - Saran at Chapra.
  13. Ashok Kumar Gupta, son of not known to the petitioners, The elected
        members of Block Panchayat Samiti, Baniyapur through the Block
        Development Officer-cum-Executive Officer, Block Panchayat Samiti,
        Baniyapur, P.O. and P.S. Baniyapur, District - Saran at Chapra.
  14. Tribhuwan Sah, son of not known to the petitioners, The elected members of
        Block Panchayat Samiti, Baniyapur through the Block Development Officer-
        cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  15. Braj Nandan Prasad, son of not known to the petitioners, The elected
        members of Block Panchayat Samiti, Baniyapur through the Block
        Development Officer-cum-Executive Officer, Block Panchayat Samiti,
        Baniyapur, P.O. and P.S. Baniyapur, District - Saran at Chapra.
  16. Uttam Kumar Singh, son of not known to the petitioners, The elected
        members of Block Panchayat Samiti, Baniyapur through the Block
        Development Officer-cum-Executive Officer, Block Panchayat Samiti,
        Baniyapur, P.O. and P.S. Baniyapur, District - Saran at Chapra.
  17. Raj Kumar Ram, son of not known to the petitioners, The elected members
        of Block Panchayat Samiti, Baniyapur through the Block Development
        Officer-cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O.
        and P.S. Baniyapur, District - Saran at Chapra.
  18. Nitish Kumar Prasad, son of not known to the petitioners, The elected
        members of Block Panchayat Samiti, Baniyapur through the Block
        Development Officer-cum-Executive Officer, Block Panchayat Samiti,
        Baniyapur, P.O. and P.S. Baniyapur, District - Saran at Chapra.
  19. Paramshila Devi, Wife of not known to the petitioners, The elected members
        of Block Panchayat Samiti, Baniyapur through the Block Development
        Officer-cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            10/56




        and P.S. Baniyapur, District - Saran at Chapra.
  20. Suthari Devi, Wife of not known to the petitioners, The elected members of
        Block Panchayat Samiti, Baniyapur through the Block Development Officer-
        cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  21. Bhagmani Devi, Wife of Rajdeo Ram, The elected members of Block
        Panchayat Samiti, Baniyapur through the Block Development Officer-cum-
        Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  22. Julekha Praveen, Wife of not known to the petitioners, The elected members
        of Block Panchayat Samiti, Baniyapur through the Block Development
        Officer-cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O.
        and P.S. Baniyapur, District - Saran at Chapra.
  23. Baby Khatoon, Wife of not known to the petitioners, The elected members
        of Block Panchayat Samiti, Baniyapur through the Block Development
        Officer-cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O.
        and P.S. Baniyapur, District - Saran at Chapra.
  24. Anita Devi, Wife of not known to the petitioners, The elected members of
        Block Panchayat Samiti, Baniyapur through the Block Development Officer-
        cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  25. Dhanita Devi, Wife of not known to the petitioners, The elected members of
        Block Panchayat Samiti, Baniyapur through the Block Development Officer-
        cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  26. Usha Devi, Wife of not known to the petitioners, The elected members of
        Block Panchayat Samiti, Baniyapur through the Block Development Officer-
        cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O. and P.S.
        Baniyapur, District - Saran at Chapra.
  27. Sheorato Devi, Wife of not known to the petitioners, The elected members
        of Block Panchayat Samiti, Baniyapur through the Block Development
        Officer-cum-Executive Officer, Block Panchayat Samiti, Baniyapur, P.O.
        and P.S. Baniyapur, District - Saran at Chapra.


                                                              ... ... Respondent/s
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            11/56




       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 1851 of 2024
       ======================================================
  1.    Nasiruddin son of Late Latifur Rahman, resident of Village-Sikorna Purab
        Tola, P.O. Jhawa, P.s. Kadwa, District-Katihar. elected member of Zila
        Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.
  2.    Md. Shahid Akhtar, Son of Sk. Amantullah, resident of Village and P.O.
        Hassanganj, P.s. Hassanganj, District-Katihar. elected member of Zila
        Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.
  3.    Abdus Salam, son of Abdul Hafiz, resident of Village-Hariharpur, P.O.
        Salmari, P.s. Azam Nagar, District-Katihar. elected member of Zila Parishad,
        Katihar, P.O. and P.S. Katihar, District-Katihar.
  4.    Masood Khatoon, wife of Late Firoz Ahmad, resident of Village-Jokar, P.O.
        Palsa, P.s. Azam Nagar, District-Katihar. elected member of Zila Parishad,
        Katihar, P.O. and P.S. Katihar, District-Katihar.
  5.    Saidum Nisha, wife of Md. Mustafa, resident of Village-Shah Nagar, P.O.
        Gauripur, P.s. Pranpur, District-Katihar. elected member of Zila Parishad,
        Katihar, P.O. and P.S. Katihar, District-Katihar.
  6.    Anjum Ara, wife of Manzoor Alam, resident of Village-Garbheli, P.O.
        Katihar, P.s. Katihar, District-Katihar. elected member of Zila Parishad,
        Katihar, P.O. and P.S. Katihar, District-Katihar.
  7.    Shabana Praveen, wife of Shariq Ahmad Khan, resident of Village-Kabar,
        P.O. Kabar, P.s. Barari, District-Katihar. elected member of Zila Parishad,
        Katihar, P.O. and P.S. Katihar, District-Katihar.
  8.    Manvvar Iam @ Mawaar Alam, son of Ashamul, resident of Village-
        Singhol, P.O. Siktia, P.s. Azam Nagar, District-Katihar. elected member of
        Zila Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.
  9.    Nirmala Kumari, wife of Pratap Kumar Mandal, resident of Village-Meghu
        Tola, P.O. Gopalpur Diyara, P.s. Amdabad District-Katihar. elected member
        of Zila Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.


                                                                      ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            12/56




  2.    The Additional Chief Secretary, Panchayati Raj Department, Government of
        Bihar, Patna.
  3.    The District Magistrate, Katihar, District-Katihar.
  4.    The Deputy Development Commissioner cum Chief Executive Officer, Zila
        Parishad, Katihar, District-Katihar.
  5.    Smt. Rashmi Singh, wife of not known to the petitioner, presently Adhyaksh,
        Zila Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.
  6.    Smt. Ishrat Praveen, wife of not known to the petitioner, presently Up-
        Adhyaksh, Zila Parishad, Katihar, P.O. and P.S. Katihar, District-Katihar.
  7.    Gayatri Kumari, wife of not known to the petitioner elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  8.    Rita Sah, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  9.    Vandana Kumari, wife of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  10. Jamila Khatoon, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  11. Komal Kumari, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  12. Umesh Kumar Yadav, son of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  13. Gunsagar Paswan, son of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            13/56




        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  14. Priyanka Devi, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  15. Sumati Devi, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  16. Fulmani Hembrum, wife of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  17. Jahan Ara Begum, wife of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  18. Mukesh Kumar, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  19. Asha Suman, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  20. Md. Muddsir, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  21. Ashok Singh, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  22. Nizamuddin son of not known to the petitioner, elected member of Zila
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            14/56




        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  23. Kudartoon Nisha, wife of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  24. Abdul Hasan, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  25. Tabassum Praveen, wife of not known to the petitioner, elected member of
        Zila Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  26. Md. Gulzar, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  27. Masud Begum, wife of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.
  28. Nazamul Haque, son of not known to the petitioner, elected member of Zila
        Parishad, Katihar through the Deputy Development Commissioner cum
        Chief Executive Officer, Zila Parishad, Katihar, P.O. and P.S. Katihar,
        District-Katihar.


                                                                ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 2516 of 2024
       ======================================================
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            15/56




       Fula Jahan Begam Wife of Mahfuj Alam, Member Panchayat Samiti
       Panchayat, Makimpur, Resident of Mukimpur, Post Office and Police Station-
       Garkha, District- Saran.


                                                                    ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Additional Chief Secretary, Panchayat Raj
        Department, Government of Bihar, Patna.
  2.    The District Magistrate, Saran.
  3.    The District Panchayat Raj Officer, Saran.
  4.    The Sub Divisional Officer, Chapra, Saran.
  5.    The Block Development Officer cum Executive Magistrate Garkha, Saran.
  6.    Smt. Reni Devi, Wife of Harendra Mahto, Member Panchayat Samiti,
        Mahamada, Area 6, Resident of Mahamada, Police Station- Garkha, District-
        Saran.
  7.    Sunaina Devi Wife of Krishna Singh, Member Panchayat Samiti, Panchayat
        Mahmadpur, Area-15, Resident of Mahmadpur, Police Station Garkha,
        District- Saran.
  8.    Usha Devi Wife of Devnarayan Rai, Member Panchayat Samiti, Panchayat-
        Motirajpur, Area-1, Resident of Pathra, Post Office- Rasidpdur, Police
        Station- Garkha, District- Saran.
  9.    Tasiran Bibi Wife of Niyamat Ali, Member Panchayat Samiti, Panchayat,
        Motirajpur, Area-2, Resident of Motirajpur, Post Office- Saiyad Sarai, Police
        Station- Garkha, District- Saran.
  10. Rita Devi, Wife of Ranjeet Kumaar Rai, Member Panchayat Samiti,
        Panchayat Sadhpur, Area- 3, Resident of Sadhpur, Police Station- Garkha,
        District- Saran.
  11. Geeta Devi Wife of Jai Prakash Singh, Member Panchayat Samiti,
        Panchayat Ferusa, Area-4, Resident of Belbaniyan, Police Station- Garkha,
        District- Saran.
  12. Kaushilya Devi Wife of Pramod Kumar Rai, Member Panchayat Samiti,
        Panchayat Ferusa, Area-5, Resident of Paharpur, Police Station- Garkha,
        District-Saran.
  13. Loknath Sah Son of Bal Chand Sah, Member Panchayat Samiti, Panchayat
        Pirauna (Dhaga), Resident of Pwrauna, Police Station- Garkha, District-
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            16/56




        Saran.
  14. Lakshmina Devi Wife of Sainik Rai Member Panchayat Samiti, Panchayat-
        Perauna, Area-8, Resident of Sarbadih, Post Office- Pirauna, Police Station-
        Garkha, District- Saran.
  15. Asha Devi Wife of Raja at, Member Panchayat Samiti, Panchayat- Sargatti,
        Area-9, Resident of Aloni, Post Office and Police Station Garkha, District-
        Saran.
  16. Babita Devi, Wife of Anil Ram, Member Panchayat Samiti, Panchayat-
        Bajitpur, Area-11, Resident of Bajitpur, Police Station- Garkha, District-
        Saran.
  17. Priti Devi Wife of Tunne Prasad, Member Panchayat Samiti, Panchayat-
        Garkhja, Area-12, Resident of Garkha, Post Office and Police Station-
        Garkha, District- Saran.
  18. Mukesh Kumar Singh Son of Khud Ramjee Singh, Member, Panchayat
        Samiti, Panchayat- Garkha, Area-13, Resident of Garkha, Post Office and
        Police Station- Garkha, District- Saran.
  19. Babita Devi, Wife of Dulaar Chand Kumar Mahto, Member Panchayat
        Samiti, Panchayat- Tuithepur, Area-14, Resident of Thithepur, Post Office
        and Police Station- Garkha, District- Saran.
  20. Bablu Kumar Rai Son of Rajendra Rai, Member Panchayat Samiti,
        Panchayat- Mahamadpur, Area-16, Resident of Muhammadpdur, Police
        Station- Garkha, District- Saran.
  21. Dharmendra Rai Son of Jai Mangal Rai, Member Panchayat Samiti,
        Panchayat- Hasanpura, Area-17, Resident of Kucha, Police Station- Garkha,
        District- Saran.
  22. Mamta Kumari Wife of Santosh Kumar Singh, Member, Panchayat Samiti,
        Panchayat Hasanpura, Area-18, Resident of Pindari, Post Office Gopur,
        Police Station- Garkha, District- Saran.
  23. Nili Devi Wife of Rajesh Kumar Singh, Member Panchayat Samiti,
        Panchayat- Mirpur Zuara, Area- 19, Resident of Mirpur Juara, Police
        Station- Awatarnagar, District- Saran.
  24. Kanti Devi Wife of Satyadev Kumar Singh, Member Panchayat Samiti,
        Panchayat- Kothiya, Area-20, Resident of Mirpur Zuara, Police Station-
        Awatarnagar, District- Saran.
  25. Abhay Kumar Singh Son of Ugarsen Singh, Member Panchayat Samiti,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            17/56




        Panchayat- Kothiya, Area 21, Resident of Madanpur, Police Station-
        Awatarnagar, District- Saran.
  26. Savita Devi Wife of Jitendra Bhagat, Member Panchayat Samiti, Panchayat-
        Rampur, Area 22, Resident of Rampur, Police Station- Garkha, District-
        Saran.
  27. Kiran Devi Wife of Ajay Singh, Member Panchayat Samiti, Panchayat-
        Itawan, Area- 23, Resident of Baikunthpur, Post Office- Rahmanpur, Police
        Station- Garkha, District- Saran.
  28. Jai Prakash Prasad Son of Narsimha Mahto, Member Panchayat Samiti,
        Panchayat- Itawan, Area 24, Resident of Rahampur, Police Station- Garkha,
        District- Saran.
  29. Surendra Manjhi Son of Shatrudhan Manjhi, Member Panchayat Samiti,
        Panchayat- Kudarbhada, Area- 25, Resident of Kudarbhada, Police Station
        Garkha, District- Saran.
  30. Ajeet Kumar Son of Arjun Prasad Yadav, Member Panchayat Samiti,
        Panchayat- Jalal Basant, Area- 26, Resident of Mohrampur, Police Station-
        Garkha, District- Saran.
  31. Jai Prakash Ram Son of Ram Pravesh Ram, Member Panchayat Samiti,
        Panchayat- Jalal Basant, Area- 27. Resident of Jalal Basant, Post Office
        Basant, Police Station- Garkha, District- Saran.
  32. Akhilesh Kumar Patel Son of Shatruhan Singh, Member Panchayat Samiti,
        Panchayat- Shripal Basant. Area- 28, Resident of Shripal Basant, Post
        Office- Basant, Police Station- Garkha, District- Saran.
  33. Deepak Kumar Son of Jai Nandan Rai, Member Panchayat Samiti,
        Panchayat- Shripal Basant,Area- 29, Resident of Bhuigoun, Police Station-
        Garkha, District- Saran.
  34. Rajesh Kumar Manjhi Son of Arjun Manjhi, Member Panchayat Samiti,
        Panchayat- Miorzapur, Area- 31, Resident of Manohar, Police Station-
        Garkha, District- Saran.
  35. Rakesh Kumar Son of Shiv Narayan Rai, Member Panchayat Samiti,
        Panchayat- Panchpatiya, Area- 32, Resident of Chota Jhoua, Police Station-
        Awatarnagar, District- Saran.
  36. Sanjeet Kumar Son of Shri Maheshwar Singh, Member Panchayat Samiti,
        Panchayat- Panchpatiya, Area- 33, Resident of Devariya, Police Station-
        Awatarnagar, District- Saran.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            18/56




  37. Chandravati Devi Member Panchayat Samiti, Panchayat- Naraoo, Area- 34,
        Resident of Naraoo, Police Station- Awatarnagar, District- Saran.
  38. Sangeeta Devi Wife of Jalandhar Thakur, Member Panchayat Samiti,
        Panchayat- Mauzampur, Area- 35, Resident of Mauzampur, Police Station-
        Awatarnagar, District- Saran.


                                                                   ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 2717 of 2024
       ======================================================
  1.    Parash Kumar Ray Son of Tekan Ray Resident of Village Mahammadpur,
        P.S. Kadwa, District Katihar, Bihar.
  2.    Md. Masud Alam Son of Mohamamd Mustak Alam Resident of Village-
        Bijhara, P.S. Balia Belown, District-Katihar.
  3.    Parashuram Mandal Son of Dhanshyam Mandal Resident of Nijhra, P.S.
        Kadwa, District-Katihar.
  4.    Mohit Kumar Chouhan Son of Damodar Chouhan Resident of Village-
        Kambaro, P.S. Kadaw, District-Katihar.


                                                                     ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Additional Chief Secretary Department of
        Panchayati Raj, Government of Bihar, 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 Katihar.
  5.    The Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  6.    The District Panchayat Raj Officer, Katihar.
  7.    Mantu Ravidas Son of Not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            19/56




  8.    Shahnaaz Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  9.    Sahida Begum Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  10. Ina Devi Wife of not Known Members of the Panchayat Samiti, through the
        Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  11. Seema Rani Wife of not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  12. Mohammad Wasim Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  13. Masnara Khatoon Wife of Not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  14. Husne Ara Wife of not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  15. Mahenoor Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  16. Beauty Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  17. Naseri Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  18. Afsana Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  19. Robina Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            20/56




        Panchayat Samiti, Kadwa, Katihar.
  20. Sita Devi Wife of not Known Members of the Panchayat Samiti, through the
        Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  21. Kavita Devi Wife of not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  22. Nahela Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  23. Rozana Katoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  24. Md. Kaishar Son of not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  25. Nurefa Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  26. Chaman Yadav Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  27. Deepnarayan Vishwas Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  28. Rita Devi Wife of not Known Members of the Panchayat Samiti, through the
        Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  29. Geeta Devi Wife of Not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  30. Nahera Khatoon Wife of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  31. Mahfooz Rehman Son of not Known Members of the Panchayat Samiti,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            21/56




        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  32. Ranjit Kumar Sah Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  33. Rupa devi Wife of Not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  34. Taslim Son of not Known Members of the Panchayat Samiti, through the
        Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  35. Awadesh Kumar Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  36. Rajendra Kumar Kewat Son of not Known Members of the Panchayat
        Samiti, through the Block Development Officer Cum Chief Executive
        Officer, Panchayat Samiti, Kadwa, Katihar.
  37. Francis Marandi Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  38. Mohammad Ajfarool Son of not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  39. Sikandar Son of not Known Members of the Panchayat Samiti, through the
        Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
  40. Dilip Kumar Mandal Son of Not Known Members of the Panchayat Samiti,
        through the Block Development Officer Cum Chief Executive Officer,
        Panchayat Samiti, Kadwa, Katihar.
  41. Mohammad Zaid Anjum Wife of Not Known Members of the Panchayat
        Samiti, through the Block Development Officer Cum Chief Executive
        Officer, Panchayat Samiti, Kadwa, Katihar.
  42. Manti Devi Wife of not Known Members of the Panchayat Samiti, through
        the Block Development Officer Cum Chief Executive Officer, Panchayat
        Samiti, Kadwa, Katihar.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            22/56




                                                                 ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 2733 of 2024
       ======================================================
       Anil Kumar Son of Bhikhari Singh, resident of village- Machhahi, P.S. Sakra,
       District Muzaffarpur, Bihar.


                                                                   ... ... 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 - Muzaffarpur.
  5.    The Deputy Development Commissioner cum Chief Executive Officer, Zila
        Parishad, Muzaffarpur.
  6.    The District Panchayat Raj Officer, Muzaffarpur.
  7.    Reena Kumari, Wife of Pramod Kumar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  8.    Nirupama Singh, Wife of Rahul Raj, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  9.    Abhishek Kumar, Son of Umeshchandra Thakur, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  10. Naveen Kumar Shah, Son of Ragho Sah, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  11. Sangeet Paswan, Son of Paltan Paswan, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            23/56




        Muzaffarpur.
  12. Santlal Paswan, Son of Munshi Paswan, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  13. Ramamand Ojha, Son of Late Satyanarayan Ojha, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  14. Priyanka Kumari, Wife of Sushil Kumar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  15. Sangeeta Devi, Wife of Ram Iqbal Ram, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  16. Girija Choudhary, Wife of Pramod Kumar Choudhary, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  17. Nirmala Devi, Wife of Rampravesh Singh, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  18. Fanish Kumar, Son of Late Baidynath Thakur, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  19. Rajesh Kumar Sahni, Son of Mahendra Sahni, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  20. Kiran Devi, Wife of Suresh Prasad, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  21. Archana Kumari, Wife of Sarvesh Kumar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  22. Poonam Devi, Wife of Shankar Mahto, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  23. Neha Tiwari, Wife of Pankaj Kumar, Member of the Zila Parishad,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            24/56




        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  24. Renu Devi, Wife of Mohan Prasad Keshri, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  25. Savitri Devi, Wife of Devendra Kunwar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  26. Alok Kumar Upadhyay, Son of Jyoti Narayan Upadhyay, Member of the
        Zila Parishad, Muzaffarpur, through the Chief Executive Officer, Zila
        Parishad, Muzaffarpur.
  27. Vinod Kumar Singh, Son of Kameshwar Singh, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  28. Lalita Devi, Wife of Tulsi Rai, Member of the Zila Parishad, Muzaffarpur,
        through the Chief Executive Officer, Zila Parishad, Muzaffarpur.
  29. Renu Devi, Wife of Prithvi Nath Rai, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  30. Asha Devi, Wife of Shri Shankar Prasad, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  31. Nashaba Khatoon, Wife of Md. Rahmatullah Rhai, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  32. Bipin Sahi, Son of Virendra Prasad Shahi, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  33. Gayatri Jaiswal, Wife of Shankar Choudhary, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  34. Prem Kumar, Wife of Chandrdev Prasad Gupta, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  35. Abha Thakur, Wife of Sunil Kumar, Member of the Zila Parishad,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            25/56




        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  36. Rani Kumar, Wife of Ravindra Kumar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  37. Meena Devi, Wife of Umesh Sah, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  38. Asif Iqbal, Son of Ataur Rehman, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  39. Kundan Kumar, Son of Late Ganesh Prasad Singh, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  40. Radha Devi, Wife of Vinay Kumar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  41. Asha Choudhary, Wife of Uma Shankar Choudhary, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  42. Vibha Devi, wife of Ambika Ram, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  43. Pankaj Lal, Son of Devendra Ram, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  44. Priyadarshani Shahi, Wife of Shyamdev Prasad Sahi, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  45. Om Prakash Kumar, Son of Rambali Sah, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  46. Rajan Devi, Wife of Arun Sahni, Member of the Zila Parishad, Muzaffarpur,
        through the Chief Executive Officer, Zila Parishad, Muzaffarpur.
  47. Vinod Kumar, Son of Ramchandra Rai, Member of the Zila Parishad,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            26/56




        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  48. Himanshu Kumar, Son of Chandrabhushan Gupta, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  49. Sanju Kumari, Wife of Anish Prasad Sahi, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  50. Richa Kumari, Wife of Pawan Kumar Bharti, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  51. Aslam Ansari, son of Ahmad Gaffar, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  52. Pooja Kumari, Wife of Dharmendra Mandal, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  53. Rajeev Kumar, Son of Arun Kumar Singh, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  54. Ishrat Parveen, Wife of Md. Bakhtayaar Ahmad, Member of the Zila
        Parishad, Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  55. Kiran Kumari, Wife of Sitaram Sah, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  56. Sangeeta Devi, Wife of Vijay Kumar Bhagat, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  57. Vijnesh Yadav, Son of Jitendra Yadav, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
  58. Neelam Devi, Wife of Ajay Paswan, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            27/56




  59. Suresh Prasad Yadav, Son of Harihar Rai, Member of the Zila Parishad,
        Muzaffarpur, through the Chief Executive Officer, Zila Parishad,
        Muzaffarpur.


                                                                ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 4315 of 2024
       ======================================================
  1.    Akbar Hussain Ansari Son of Ishak Hussain Ansari, Resident of Village-
        Munji, P.S.-Karakat, District-Rohtas.
  2.    Fuljharo Devi, Wife of Shivnath Singh, Resident of Village-Bensagar, P.S.-
        Karakat, District-Rohtas.
  3.    Raj Nath Kumar, son of Prabha Shankar, Resident of Village-Gamharia
        Baad, P.S.-Karakat, District-Rohtas.
  4.    Mamta Kumari, wife of Santosh Kumar Bharti, Resident of Village-
        Gamharia Baad, P.S.-Karakat, District-Rohtas.
  5.    Sita Devi, wife of Vinod Kumar Singh, Resident of Village-Dr. Markandey,
        P.S.-Karakat, District-Rohtas.
  6.    Usha Devi, wife of Anjani Singh, Resident of Village-Kechua, P.S.-Karakat,
        District-Rohtas.
  7.    Sanmita Devi, wife of Pintu Sao, Resident of Village-Sakela, P.S.-Karakat,
        District-Rohtas.
  8.    Bindu Kumari, Wife of Raja Kumar, Resident of Village-Kirhi, P.S.-Karakat,
        District-Rohtas.
  9.    Sarita Devi, wife of Sudeshwar Chaudhary, Resident of Village-Sikriya,
        P.S.-Karakat, District-Rohtas.
  10. Satish Kumar Singh, son of Vireshwar Dayal, Resident of Village-Amauna,
        P.S.-Karakat, District-Rohtas.
  11. Rajesh Kumar Rai, son of Ram Prasad Rai, Resident of Village-Gujru, P.S.-
        Karakat, District-Rohtas.
  12. Mohit Kumar, son of Shyam Kishore Singh, Resident of Village-Basdiha
        Nasriganj, P.S.-Karakat, District-Rohtas.
  13. Nisha Bharti, wife of Dilip Kumar, Resident of Village-Parsar, P.S.-Karakat,
        District-Rohtas.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            28/56




  14. Satyendra Kumar Mishra, son of Shiv Bilash Mishra, Resident of Village-
        Gorakh Parasi, P.S.-Karakat, District-Rohtas.


                                                                     ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Principle Secretary, Panchayati Raj
        Department, Govt. of Bihar, Patna.
  2.    The Collector cum District Magistrate, Rohtas (Sasaram).
  3.    The District Panchayati Raj Officer, Rohtas (Sasaram).
  4.    The Executive Officer (Panchayat Samiti)-cum-The B.D.O. Karakat, Rohtas.
  5.    Baijanti Devi, wife of Ram Narayan Paswan, Resident of Village-Jorarpur,
        P.O.-Baradih, P.S.-Karakat, District-Rohtas.


                                                                   ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 5497 of 2024
       ======================================================
       Kumari Stuti W/o Ravindra Kumar, resident of Village-Kandap, P.S.-
       Gaurichak, District-Patna.


                                                                     ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
  2.    The Additional Chief Secretary, Department of Panchayati Raj, Bihar, Patna.
  3.    The Principal Secretary, Department of Panchayati Raj, Bihar, Patna.
  4.    The Principal Secretary, Department of General Administration Bihar, Patna.
  5.    The District Magistrate, Patna.
  6.    The Chief Executive Officer, Zila Parishad, Patna.
  7.    Sanju Devi Wife of Ranjit Kumar, Resident of village Purani Panapur, P.S.
        Danapur, District Patna.
  8.    Guddi Devi Wife of Raj Kumar Singh, Resident of village Dhibra, P.S.
        Shahpur, Danapur, District Patna.
  9.    Asha Devi (Vice Chairperson) Wife of Narendra Kumar, Resident of village
        Anandpur, P.S. Bihta, District Patna
  10. Sanjay Kumar Son of Bhim Chaudhary, Resident of village Kanhauli, P.S.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            29/56




        Bihta, District Patna.
  11. Sobha Devi, Wife of Kamlesh Prasad, Resident of village Raginiya Bagh,
        P.S. Naubatpur, District Patna.
  12. Chintu Kumar Son of Sushil Prasad, Resident of village Babhanlai, P.O. Lai,
        P.S. Bihta, District Patna.
  13. Md. Mumtaz Ansari Son of Kalamuddin Ansari, Resident of village Pirhi,
        P.O. Dihuli, P.S. Dulhin Bazar, District Patna.
  14. Sarvesh Kumar Son of Muneshwar Singh, Resident of village Mahabalipur,
        P.O. Dihuli, P.S. Dulhin Bazar, District Patna.
  15. Shiv Kumar Singh. Son of Late Jagdip Yadav, Resident of village Madhwa,
        P.O.Sehra, P.S. Paliganj, District Patna.
  16. Mithilesh Kumar Singh, Son of Dhananjay Singh, Resident of village Bela,
        P.O. Bara Koriam, P.S. Paliganj, District Patna.
  17. Ram Narayan Son of Sukhdev Pd. Yadav, Resident of village Gullitand, P.O.
        Makhmilpur, P.S. Paliganj, District Patna.
  18. Upendra Kumar Son of Bindeshwar Bind, Resident of village Bihta, P.O.
        Bindauli, P.S. Bhagwanganj, District Patna.
  19. Rajni Devi Wife of Suman Kumar, Resident of village Jat Dumri, P.O. Jat
        Dumri, P.S. Punpun, District Patna.
  20. Rukmani Devi Wife of Ashok Kumar, Resident of village Lahladpur, P.O.
        Mohanpur, P.S. Gaurichak, District Patna.
  21. Manju Devi Wife of Uma Nath Ram, Resident of village Kajara, P.O. Kacchi
        Dargah, P.S. Didarganj, District Patna.
  22. Indu Devi Wife of Kailash Ravidas, Resident of village Taraura, P.S.
        Daniyawa, District Patna.
  23. Anju Devi Wife of Kumar Rajnish, Resident of village Lahladpur, P.S.
        Gaurichak, District Patna.
  24. Rubi Kumari Wife of Vishal Kumar Village Govindpur, P.S. Khusrupur
        Baikathpur, District Patna.
  25. Bhola Mahto Son of Ramji Mahto, Resident of village Dedaur, P.S.
        Bakhtiyarpur, District Patna.
  26. Ragni Kumari Wife of Amit Bharti, Resident of village Gopkita, P.O.
        Pandarak, P.S. Pandarak, District Patna.
  27. Anita Singh Wife of Jitendra Pd. Singh, Resident of village Murgiyachak,
        P.O. Ajgara, P.S. Pandarak, District Patna.
  28. The State Election Commissioner, Through its Secretary 3rd Floor Sone
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            30/56




        Bhawan, Patna.


                                                                  ... ... Respondent/s
       ======================================================
                                                 with
                        Civil Writ Jurisdiction Case No. 5788 of 2024
       ======================================================
       Ragini Kumari wife of Sri Amit Bharti, resident of village- Gopkitta,
       Pandarak, District - Patna.


                                                                    ... ... Petitioner/s
                                               Versus
  1.    The State of Bihar through the Principal Secretary, Panchayati Raj
        Department, Government of Bihar, Patna.
  2.    The Divisional Commissioner, Patna Division, Patna.
  3.    The District Magistrate, District - Patna.
  4.    The Deputy Development Commissioner -cum- Chief Executive Officer,
        Zila Parishad, District- Patna, Patna.
  5.    The District Panchayati Raj Office, District Patna.
  6.    The Zila Parishad, District Patna through its Chief Executive Officer.
  7.    The State Election Commission, Bihar, Sone Bhawan, Birchand Patel Path,
        Patna through the State Election Commissioner.
  8.    The Secretary, State Election Commission, Bihar, Sone Bhawan, Birchand
        Patel Path, Patna.
  9.    The Officer on Special Duty, State Election Commission, Bihar, Sone
        Bhawan, Birchand Patel Path, Patna.
  10. Kumari Stuti, wife of Sri Ravindra Kumar, elected member (Samaptchak
        Constituency No. 27), Zila Parishad, Patna through its Chief Executive
        Officer.
  11. Punam Devi, wife of Sri Prasanth Kumar, elected member (Maner
        Constituency No. 01), Zila Parishad, Patna through its Chief Executive
        Officer.
  12. Gita Devi, wife of Sri Bhuvan Pratap Azad, elected member (Maner East
        Constituency No. 02), Zila Parishad, Patna through its Chief Executive
        Officer.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            31/56




  13. Sanju Devi, wife of Sri Ranjit Kumar, elected member (Danapur North
        Constituency No. 03), Zila Parishad, Patna through its Chief Executive
        Officer.
  14. Guddu Devi, wife of Sri Raj Kumar Singh, elected member (Danapur South
        Constituency No. 04), Zila Parishad, Patna through its Chief Executive
        Officer.
  15. Asha Devi, wife of Sri Nagendra Kumar, elected member (Bihta North
        Constituency No. 05), Zila Parishad, Patna through its Chief Executive
        Officer.
  16. Bima Devi, wife of Dasrath Kumar, elected member (Bihta Central
        Constituency No 06). Zila Parishad, Patna through its Chief Executive
        Officer.
  17. Sanjay Kumar, son of Bhim Choudhary, elected member (Bihta South
        Constituency No. 07), Zila Parishad, Patna through its Chief Executive
        Officer.
  18. Shobha Devi, son of Kamlesh Prasad, elected member (Naubatpur North
        Constituency No. 08), Zila Parishad, Patna through its Chief Executive
        Officer.
  19. Nagendra Kumar, son of Sri Rambalak Verma, elected member (Naubatpur
        Central Constituency No. 09), Zila Parishad, Patna through its Chief
        Executive Officer.
  20. Ramesh Chaudhary, son of Sri Bifan Chaudhary, elected member
        (Naubatpur South Constituency No. 10), Zila Parishad, Patna through its
        Chief Executive Officer.
  21. Chintu Kumar, son of Sri Sushil Prasad, elected member (Bikram North
        Constituency No. 11), Zila Parishad, Patna through its Chief Executive
        Officer.
  22. Vishal Kumar, son of Sri Jaleshwar Paswan, elected member (Bikram South
        Constituency No. 12), Zila Parishad, Patna through its Chief Executive
        Officer.
  23. Md. Mumtaz Asari, wife of Kalimuddn Ansari, elected member (Dulhin
        Bazar North Constituency No. 13), Zila Parishad, Patna through its Chief
        Executive Officer.
  24. Sarvesh Kumar, son of Sri Muneshwar Singh, elected member (Dulhin
        Bazar South East Constituency No 14), Zila Parishad, Patna through its
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            32/56




        Chief Executive Officer.
  25. Shivkumar Singh, son of Late Jagdip Yadav, elected member (Paliganj North
        East Constituency No. 16), Zila Parishad, Patna through its Chief Executive
        Officer.
  26. Mithilesh Kumar Singh, son of Sri Dhanraj Singh, elected member (Paliganj
        South West Constituency No. 17), Zila Parishad, Patna through its Chief
        Executive Officer.
  27. Upendra Kumar, son of Sri Bindeshwar Bind, elected member (Masaurhi
        North Constituency No. 19), Zila Parishad, Patna through its Chief
        Executive Officer.
  28. Uday Kumar, son of Sri Subhash Chandra Singh, elected member (Masaurhi
        Central Constituency No 20), Zila Parishad, Patna through its Chief
        Executive Officer.
  29. Savita Devi, wife of Sri Vijay Kumar, elected member (Masaurhi South-
        Constituency No 21), Zila Parishad, Patna through its Chief Executive
        Officer.
  30. Chandan Kumar, son of Sri Devendra Singh, elected member (Dhanarua
        North Constituency No. 22), Zila Parishad, Patna through its Chief
        Executive Officer.
  31. Rekha Devi, wife of Sri Birendra Kumar, elected member (Dhanarua South
        West Constituency No. 23), Zila Parishad, Patna through its Chief Executive
        Officer.
  32. Urmila Devi, wife of Sri Bhupendra Kumar Singh, elected member
        (Dhanarua South West - Constituency No. 24), Zila Parishad, Patna through
        its Chief Executive Officer.
  33. Rajni Devi, wife of Sri Suman Kumar, elected member (Punpun South
        Constituency No. 25), Zila Parishad, Patna through its Chief Executive
        Officer.
  34. Rukmani Devi, wife of Sri Ashok Kumar, elected member (Punpun East
        Constituency No. 26), Zila Parishad, Patna through its Chief Executive
        Officer.
  35. Dipak Kumar, son of Sri Ashok Manjhi, elected member (Phulwarisharif
        West Constituency No. 28), Zila Parishad, Patna through its Chief Executive
        Officer.
  36. Anita Devi, Sri Ajit Kumar Paswan, elected member (Phulwarisharif East
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            33/56




        Constituency No. 29), Zila Parishad, Patna through its Chief Executive
        Officer.
  37. Manju Devi, wife of Sri Umanath Ram, elected member (Patna Sadar East -
        Constituency No. 31), Zila Parishad, Patna through its Chief Executive
        Officer.
  38. Indu Devi, wife of Sri Kaushal Ravidas, elected member (Daniywan North
        West Constituency No. 32), Zila Parishad, Patna through its Chief Executive
        Officer.
  39. Anju Devi, wife of Sri Kumar Rajnish, elected member (Fatuah North West
        Constituency No. 33), Zila Parishad, Patna through its Chief Executive
        Officer.
  40. Amit Raj, son of Sri Ranjay Kumar, elected member (Fatuha South West
        Constituency No. 34), Zila Parishad, Patna through its Chief Executive
        Officer.
  41. Rubi Kumari, wife of Sri Vishal Kumar, elected member (Khurupur
        Constituency No. 35), Zila Parishad, Patna through its Chief Executive
        Officer.
  42. Runi Devi, wife of Sri Arun Kumar, elected member (Bakhtiyarpur West
        Constituency No. 36), Zila Parishad, Patna through its Chief Executive
        Officer.
  43. Bhola Mahto, son of Sri Ramji Mahto, elected member (Bakhtiyarpur East
        Constituency No. 37), Zila Parishad, Patna through its Chief Executive
        Officer.
  44. Rehana Parveen, wife of Md. Khalilullah Munsri, elected member
        (Athmalgola Constituency No 38), Zila Parishad, Patna through its Chief
        Executive Officer.
  45. Ravindra Paswan, son of Sri Rambalak Paswan, elected member (Belchi
        Constituency No. 39), Zila Parishad, Patna through its Chief Executive
        Officer.
  46. Vijay Kumar, son of Sri Chandar Ram, elected member (Barh West
        Constituency No. 40), Zila Parishad, Patna through its Chief Executive
        Officer.
  47. Vijay Shankar, son of Sri Rameshwar Singh, elected member (Barh East
        Constituency No. 41), Zila Parishad, Patna through its Chief Executive
        Officer.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            34/56




  48. Anita Singh, wife of Sri Jitendra Prasad Singh, elected member (Pandarak
        South Constituency No. 43), Zila Parishad, Patna through its Chief
        Executive Officer.
  49. Rekha Devi, wife of Sri Manoj Kumar, elected member (Ghoswari
        Constituency No. 44), Zila Parishad, Patna through its Chief Executive
        Officer.
  50. Kumar Navnit Himanshu, son of Sri Kesar Paswan, elected member
        (Mokama West Constituency No. 45), Zila Parishad, Patna through its Chief
        Executive Officer.
  51. Ramnarayan Prasad, son of Sri Sukhdev Pd. Yadav, elected member
        (Paliganj South West Constituency No. 18), Zila Parishad, Patna through its
        Chief Executive Officer.
  52. Kamal Kishore Prasad, son of Sri Yugal Kishore Prasad, elected member
        (Mokama East - Constituency No. 46), Zila Parishad, Patna through its Chief
        Executive Officer.


                                                                       ... ... Respondent/s
       ======================================================
       Appearance :
       (In Letters Patent Appeal No. 125 of 2024)
       For the Appellant/s       :        Mr. K.N. Choubey, Sr. Adv.
                                          Mr. Sanjeev Kumar Singh, Adv.
                                          Mr. Umakant Prasad, Adv.
       For the State             :        Mr. P.K. Shahi, AG
                                          Mr. Ajay, GA-5
                                          Mr. Amish Kumar, AC to AG
       For the Zila Parishad, Siwan :     Mr. Dhananjay Kumar, Adv.
       For the Respondent Nos. 8 -18 : Mr. Y.V. Giri, Sr. Adv.
                                          Mr. Suraj Samdarshi, Adv.
                                          Mr. Vijay Shanker Tiwary, Adv.
                                          Mr. Rohit Singh, Adv.
                                          Mr. Avinash Shekhar, Adv.
       (In Letters Patent Appeal No. 146 of 2024)
       For the Appellant/s       :        Mr. Kumar Harshvardhan, Adv.
       For the State             :        Mr. GA-5
                                          Mr. Niranjan Kumar, Adv.
                                          Mr. Surya Partap Kumar, Adv.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            35/56




       (In Civil Writ Jurisdiction Case No. 1507 of 2024)
       For the Petitioner/s      :        Mr. Niranjan Kumar, Adv.
                                          Mr. Ravi Raj, Adv.
       For the State             :        Mr. Ajay, GA-10
       (In Civil Writ Jurisdiction Case No. 1521 of 2024)
       For the Petitioner/s      :        Mr. Awnish Kumar, Adv.
       For the State             :        Mr. GP-27
       (In Civil Writ Jurisdiction Case No. 1851 of 2024)
       For the Petitioner/s      :        Mr. Awnish Kumar, Adv.
       For the State             :        Mr. Khurshid Alam, AAG-12
       (In Civil Writ Jurisdiction Case No. 2516 of 2024)
       For the Petitioner/s      :        Mr. Mirityunjay Kumar, Adv.
       For the State             :        Mr. P.K. Shahi, AG
                                          Mr. Anjani Kumar, AAG-4
                                          Mr. Alok Kumar Rahi, AC to AAG-4
                                          Mr. Amit Kumar Jha, AC to AAG-4
                                          Mr. Utkarsh Bhushan, Adv.
       (In Civil Writ Jurisdiction Case No. 2717 of 2024)
       For the Petitioner/s      :        Mr. Suraj Samdarshi, Adv.
                                          Mr. Vijay Shanker Tiwary, Adv.
                                          Mr. Rohit Singh, Adv.
                                          Mr. Avinash Shekhar, Adv.
       For the State             :        Mr. Mujtabaul Haque, GP-12
                                          Mr. Manish Kumar, AC to GP-12
                                          Mr. Ajit Kumar Singh, Adv.
       (In Civil Writ Jurisdiction Case No. 2733 of 2024)
       For the Petitioner/s      :        Mr. Suraj Samdarshi, Adv.
                                          Mr. Vijay Shanker Tiwary, Adv.
                                          Mr. Rohit Singh, Adv.
                                          Mr. Avinash Shekhar, Adv.
       For the State             :        Mr. Syed Hussain Majeed, AC to SC
                                          Mr. Suneil Kumar Thakur, Adv.
       (In Civil Writ Jurisdiction Case No. 4315 of 2024)
       For the Petitioner/s      :        Mr. Pushkar Narain Shahi, Sr. Adv.
                                          Mr. Shivam, Adv.
                                          Mr. Sanjay Kumar, Adv.
       For the State             :        Mr. AAG-13
       For the SEC               :        Mr. Ravi Ranjan, Adv.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            36/56




                                          Mr. Girish Pandey, Adv.
       (In Civil Writ Jurisdiction Case No. 5497 of 2024)
       For the Petitioner/s      :        Mr. Pushkar Narain Shahi, Sr. Adv.
                                          Mr. Shivam, Adv.
       For the Respondent No.9:           Mr. Lalit Kishore, Sr. Adv.
                                          Mr. Ayush Kumar, Adv.
                                          Ms. Kanishka Shankar, Adv.
                                          Mr. Ranjeet Choubey, Adv.
       For the State             :        Mr. Raghwanand, GA-11
                                          Mr. Rajnish Shandilya, AC to GA-11
                                          Mr. Pratik Kumar, AC to GA-11
       For the SEC               :        Mr. Ravi Ranjan, Adv.
                                          Mr. Girish Pandey, Adv.
       (In Civil Writ Jurisdiction Case No. 5788 of 2024)
       For the Petitioner/s      :        Mr. Akshansh Ankit, Adv.
       For the State             :        Mr. Sushil Kumar, GP-22
                                          Mr. Narendra Kumar Singh, AC to GP-22
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
                   and
                   HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                   and
                   HONOURABLE MR. JUSTICE HARISH KUMAR
       C.A.V. JUDGMENT
       (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
       Date :          16-05-2024


                       An issue of seminal importance has arisen as to

         whether in a "no confidence" motion brought against a

         Adhyaksh or Upadhyaksh of Zila Parishad under the

         Bihar Panchayat Raj Act, 2006 (hereinafter referred to

         as the 'Act'), the motion would be successfully carried
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            37/56




         out by a majority of the total number of directly elected

         members from the territorial constituencies of Zila

         Parishad or by the majority of the directly elected

         members present and voting.

                      2. A Division Bench of this Court in Sarita

         Kumari vs. the State of Bihar and Others (L.P.A. No.

         940 of 2008) had held that such a motion could be

         carried out only by the majority of the total of the

         directly elected members of the Zila Parishad. In that

         case, a motion of "no confidence" against the Chairman

         of the Zila Parishad, Patna having 46 directly elected

         members was brought about.                   At the special meeting

         held for the purpose of considering the "no confidence"

         motion, 27 members had participated.                  Three out of

         them had not taken part in actual voting.                Out of 24

         members, who had voted, 23 had voted in favour of "no

         confidence" and one had voted against the motion.

         Since 23 members did not constitute the majority of the

         directly elected members, it was held that the "no
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            38/56




         confidence" motion stood defeated and the Chairman

         was allowed to continue.

                      3. It was contended that since majority of the

         members present and voting had supported the motion,

         the Chairman ought to have been removed from the

         office.

                      4. A learned Single Judge of this Court, on a

         plain reading of Section 70 (4) (1) of the Act, rejected

         the contention that the motion had successfully been

         carried out, as the members present and voting did not

         constitute the majority of the directly elected members.

                      5. In the intra Court appeal against the afore-

         noted decision of the learned Single Judge, the Division

         Bench, while dismissing the appeal, held that Section 70

         (4) of the Act makes it very clear that only when the

         majority of the total number of directly elected members

         support the motion of "no confidence", then only such

         motion can be said to have been carried out.            The

         requirement is not of the members present and voting,
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            39/56




         but of the majority of the directly elected members.

                      6. About twelve years later, in Dharamsheela

         Kumari Vs. Hemant Kumar and Ors. : (2021) 3 PLJR

         346, a Division Bench dealing with Sections 44 and 46

         of the Act, concerning "no confidence" motion against

         the Pramukh and Up-Pramukh held that under Section

         44 (3) of the Act, a "no confidence" motion would be

         carried out if voted for by the members of the Panchayat

         Samiti, present and voting, as no quorum is prescribed

         for carrying out the motion of "no confidence".

                      7. It may be noted that Section 44, falling in

         Chapter-IV of the Act is exactly similar to Section 70,

         which falls in Chapter-V of the Act. Chapter-IV of the

         Act deals with Panchayat Samitis, whereas Chapter-V

         deals with Zila Parishad.

                      8. Faced with this difference of opinion with

         respect to the construction of the relevant clause dealing

         with "no confidence" motion, the issue has been placed

         before this Full Bench for a resolution.
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            40/56




                      9. In Dharamsheela Kumari (supra), 10 out of

         22 members of the Panchayat Samiti, Vaishali had

         submitted a requisition for a "no confidence" motion

         against both the Pramukh and Up-Pramukh.           In the

         special meeting held for the purpose, only 10 out of 22

         elected members of the Samiti had participated in the

         proceedings in which the requisitionists and the Pramukh

         as well as the Up-Pramukh were not present.        In the

         said meeting, 7 members by voice vote supported the

         motion. However, it was opined by the person who had

         presided over the meeting that since only 10 out of 22

         members had voted for the motion, it had to be rejected

         as the majority would require the voting by at least 12

         members.

                      10. It was in this context that the issue had

         arisen whether Section 44 (3) of the Act mandated any

         quorum for the special meeting convened to discuss and

         vote for a "no confidence" motion.

                      11. For the sake of completeness, we deem it
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            41/56




         appropriate to extract the entire Section 70 of the Act,

         which reads as hereunder:-

                                           70. Resignations or Removal of
                                   Adhyaksha and Up-adhyaksha.-(1) The
                                   Adhyaksha may resign his office by writing
                                   under his hand addressed to the District
                                   Magistrate and the Up-adhyaksha may resign
                                   his office by writing under his hand
                                   addressed to the Adhyaksha.
                                           (2) Every resignation under sub-
                                   section (1) shall take effect on the expiry of
                                   seven days from the date of such
                                   resignation, unless within the said period of
                                   seven days he withdraws such resignation by
                                   writing under his hand addressed to the
                                   District Magistrate or the Adhyaksha, as the
                                   case may be.
                                           (3) Adhyaksha or Up-adhyaksha shall
                                   vacate the office if he ceases to be a
                                   member of the Zila Parishad.
                                           (4) (i) Adhayaksha and Up-
                                   Adhayaksha shall be deemed to have
                                   vacated his office forthwith if a resolution
                                   expressing want of confidence in him is
                                   passed by a majority of the total number of
                                   directly elected members from territorial
                                   constituencies of the Zila Parishad at a
                                   meeting specially convened for the purpose.
                                   The requisition for such a special meeting
                                   shall be signed by not less than one fifth of
                                   the total number of directly elected members
                                   of the Zila Parishad and shall be delivered to
                                   the Adhyaksha with a copy to the District
                                   Magistrate. The Adhyaksha shall within
                                   seven days from the date of receipt of such
                                   requisition convene a special meeting of the
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            42/56




                                   Zila Parishad. The meeting shall be held on a
                                   day not later than fifteen days from the date
                                   of issue of the notice of the meeting.The
                                   meeting shall be presided over by the
                                   Adhyaksha if the motion is against the Up-
                                   adhayaksha; if it is against the Adhyaksha
                                   the Upadhyaksha shall preside over the
                                   meeting and if it is against Adhyaksha and
                                   Upadhyaksha both then the District
                                   Magistrate shall preside over the meeting.
                                           In case of the post of Up-adhyaksha
                                   being vacant or his absence from the
                                   meeting convened for discussion on "no
                                   confidence" motion against the Adhyaksha or
                                   the post of Adhyaksha being vacant or his
                                   absence from the meeting convened for
                                   discussion on "no confidence" motion against
                                   the Up-adhyaksha, as the case may be, the
                                   meeting shall be presided over by any
                                   member elected from amongst the directly
                                   elected members from the territorial
                                   constituencies of the Zila Parishad present in
                                   the meeting. In case of failure to convene
                                   the meeting by the Adhyaksha, the District
                                   Magistrate shall convene the meeting in the
                                   same manner and the meeting shall be
                                   presided by him. No such meeting shall be
                                   postponed once the notice for the same has
                                   been issued. No quorum shall be required for
                                   the special meeting convened to discuss "no
                                   confidence" motion.
                                                              (emphasis provided)
                                           (ii) During the first two year period of
                                   the tenure, "no confidence" motion shall not
                                   be moved against the Adhyaksha or the
                                   Upadhyaksha.
                                           (iii) No-confidence motion against the
                                   Adhyaksha or Upadhyaksha or both, shall not
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            43/56




                                   be brought within six months of the expiry of
                                   the term of the Zila Parishad.
                                           (iv) Such reasons/charges, on the
                                   basis of which "no confidence" motion is to
                                   be moved against the Adhyaksha or
                                   Upadhyaksha, shall be clearly mentioned in
                                   the notice of the meeting called to consider
                                   the "no confidence" motion.
                                           (v) As soon as the meeting called
                                   under this Section commences, the presiding
                                   member at the meeting shall read out the
                                   motion on which the meeting has been called
                                   to consider, before the present members and
                                   declare it open for discussion. Any discussion
                                   on the motion under this Section shall not be
                                   adjourned.
                                           (vi) During discussion, opportunity
                                   shall be given to the Adhyaksha or
                                   Upadhyaksha or both against whom "no
                                   confidence" motion is moved, for his defence
                                   before the Zila Parishad. The motion shall be
                                   put to vote on the same day after discussion
                                   which shall take place by secret ballot in the
                                   prescribed manner by the District Magistrate.
                                           (vii) If the motion of "no confidence"
                                   against the Adhyaksha or the Upadhyaksha
                                   or both is once rejected, no fresh motion of
                                   "no confidence" against the Adhyaksha or
                                   the Upadhyaksha or both, as the case may
                                   be shall be brought before the Zila Parishad
                                   within a period of one year from the date of
                                   rejection of such motion.
                                           (5) Without prejudice to the
                                   provisions under this Act, if in opinion of the
                                   [Government] [Substituted vide Section 4 of
                                   Amdt. Act 8 of 2008.] having territorial
                                   jurisdiction over the Zila Parishad, a
                                   Adhyaksha or the Upadhyaksha of Zila
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            44/56




                                   Parishad absents himself without sufficient
                                   cause for more than three consecutive
                                   meetings or sittings or willfully omits or
                                   refuses to perform his duties and functions
                                   under this Act, or abuses the power vested
                                   in him or is found to be guilty of misconduct
                                   in the discharge of his duties or becomes
                                   physically or mentally incapacitated for
                                   performing his duties or is absconding being
                                   an accused in a criminal case for more than
                                   six months, the [Government] [Substituted
                                   vide Section 4 of Amdt. Act 8 of 2008.]
                                   may, after giving the Adhyaksha or the
                                   Upadhyaksha, as the case may be, a
                                   reasonable opportunity for explanation, by
                                   order, remove such Adhyaksha or the
                                   Upadhyaksha, as the case may be, from
                                   office.
                                            [Provided when a system of Lok
                                   Prahari, instituted under sub-Section (5) of
                                   Section 152 comes into force by a valid
                                   notification of the State Government, the
                                   Government may only pass order of removal
                                   of such Adhyaksha or Upadhyaksha, as the
                                   case may be in the light of inquiry and
                                   recommendation of Lok Prahari for the
                                   removal.]
                                            [The Adhyaksha or Up-Adhyaksha so
                                   removed on the charge of being found guilty
                                   of misuse of vested powers or of misconduct
                                   in the discharge of his duties shall not be
                                   eligible for election to any panchayat bodies
                                   till further five years from the date of such
                                   removal. The Adhyaksha or Up-Adhyaksha
                                   so removed on rest of the charges shall not
                                   be eligible for re-election as Adhyaksha or
                                   Up-Adhyaksha during the remaining term of
                                   office of such Zila Parishad.]
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            45/56




                                          (2) An Adhyaksha or Up-adhyaksha
                                   removed from the office under subsection
                                   (1) may also be removed by the Government
                                   from the membership of the Zila Parishad.


                      12. It may be noted that Chapter-V of the Act,

         which deals with establishment of Zila Parishad, provides

         for its composition; the manner in which the members

         could be elected; reservation of seats; duration of the

         Parishad; election of Adhyaksh and Upadhyaksh; their

         allowances and the powers, functions and duties of the

         Adhyaksh and Upadhyaksh.

                      13. Section 70 of the Act provides for the

         procedure concerning the resignations or removal of

         Adhyaksh and Upadhyaksh. The Adhyaksh could resign

         by addressing his resignation letter to the District

         Magistrate,         whereas         Upadhyaksh   could   resign    by

         addressing it to the Adhyaksh.               The resignation would

         be deemed to be effected on the expiry of seven days

         from the date of such resignation, unless within the

         aforesaid period, it is withdrawn by the maker.                   The

         other eventuality in which the Adhyaksh or Upadhyaksh
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            46/56




         would be required to vacate the office and cease to be a

         member of the Zila Parishad is when a "no confidence"

         motion is carried against them.

                      14. The procedure has been well laid out in

         Section 70 (4) of the Act. It provides that Adhyaksh

         and Upadhyaksh would be deemed to have vacated their

         offices forthwith if a resolution expressing want of

         confidence in them is passed by a majority of total

         number of directly elected members from the territorial

         constituencies of the Zila Parishad at a meeting

         especially convened for the purpose.

                                                      (emphasis provided)

                      15. It ought not to be lost sight of that the

         opening part of the clause clearly provides that the

         motion would be carried out by the majority of the total

         number of directly elected members at a meeting

         especially convened for the purpose. The phrase "at a

         meeting especially convened for the purpose" has to be

         read as a necessary adjunct to the earlier part of the
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            47/56




         provision viz. the majority of the total of the directly

         elected members. The number which is conceived of for

         majority is the number of members who would be

         present in the meeting, especially convened for the

         purposes of discussing the "no confidence" motion.

                      16. A Zila Parishad consists of members directly

         elected from the territorial constituencies in the district

         as also the Pramukhs of all Panchayat Samitis in the

         district and such members of the Lok Sabha and the

         members of the State Legislative Assembly who

         represent any part which falls wholly or partly within the

         district and whose constituency falls within the district

         and the members of the Rajya Sabha and the members

         of the State Legislative Council who are registered as

         electors within the district.

                      17. Each of the members of the Zila Parishad

         have a right to vote in its meetings, but in case of

         election and removal of Adhyaksh and Upadhyaksh, only

         the members directly elected from the territorial
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            48/56




         constituencies in the district have a right to vote.

                      18. The majority of votes as prescribed in

         Section 70 of the Act is thus of directly elected members

         at a meeting especially convened for the purpose.

                      19. The intention of the Legislature becomes

         absolutely clear as Section 70 (4) provides that no such

         meeting which has been so especially convened, would

         be postponed and no quorum shall be required for the

         special meeting convened to discuss the "no confidence"

         motion.

                      20. The afore-noted two such provisions are not

         mere surplusage; but specific indication that in the

         absence of any quorum provided, the majority would

         mean only the members present and voting and not the

         majority of the total number of elected members.

                      21. We say so for another reason as well.

                      22. "no confidence" motion is not be notified

         during the first two years of the tenure of Adhyaksh and

         Upadhyaksh.            Such motion shall also not be brought
 Patna High Court L.P.A No.125 of 2024 dt.16-05-2024
                                            49/56




         within the last six months of the expiry of the term of

         the Zila Parishad.               Additionally, an amendment was

         brought about by the Amending Act 15 of 2015 (w.e.f.

         01/01/2016

) that a "no confidence" motion can be brought only once in the whole tenure of Adhyaksh or Upadhyaksh. There appears to be some reason behind this amendment.

23. The experience had been that "no confidence" motions were brought about in a causal and cavalier manner and that many a times, when it was brought about, the discussions and voting were thwarted by the machinations of some, which rendered the entire tenure of the Zila Parishad non-functional and the Parishad being reduced to an omphalous of artifice and corruption.

24. The nuances of democracy and its working come only with experience; usage; and practices. It was with some reason that it was thought that in the first two years of the tenure of the Zila Parishad, "no confidence"

Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 50/56 motion would not be entertained. The experience had shown that repeated motions of ""no confidence"" were brought by warring members, leaving no time for the Adhyaksh and Upadhyaksh to pursue the mission and the objectives under the Act.

25. Thus, by an amendment of 2015 (w.e.f. 01/01/2016), it was clarified that in the tenure of Adhyaksh or Upadhyaksh, "no confidence" motion could be brought against them for one time only.

26. It is in this background that the wordings of Section 70 (4) have to be construed.

27. Even otherwise, it is a settled principle of law and also a cardinal principle of construction of Statute that no part or a word of Statute be construed in isolation and that effect should be given to all the provisions, lest it would not be a harmonious construction. The effort should be to give effect to all the provisions and not reduce one of the provisions to be a dead letter or a "useless lumber".

Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 51/56

28. It is the duty of the Courts to avoid any head-on clash between two provisions of the Act and to construe the provisions which may appear to be in conflict with each other, in such a manner as to harmonize them. (Refer to Azmal Imam Vs. The State of Bihar : (2011) 5 SCC 729; Sultana Begum Vs. Premchand Jain : (1197) 1 SCC 373).

29. The difficulty appears to have arisen in a truncated reading of Section 70 (4) (1) of the Act that Adhyaksh and Upadhyaksh shall be deemed to have vacated his office forthwith, if a resolution expressing want of confidence in him is passed by a majority of total number of directly elected members from territorial constituencies of the Zila Parishad and not reading the latter part of the sentence, namely, at a meeting especially convened for the purpose and a stand alone provision that no quorum shall be required for the special meeting convened to discuss the "no confidence"

motion. Also understood in the context of a "no Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 52/56 confidence" motion being restricted to a solitary instance.

30. In Sarita Kumari (supra), the Division Bench only referred to the first part of Section 70 (4) of the Act and did not notice the entire provision which provides that no quorum is necessary in such a meeting.

31. The learned Advocate General, while supporting the postulate in Sarita Kumari (supra), namely, that majority of the total of the elected members would be required for the removal of the Adhyaksh and Upadhyaksh, submitted that if no quorum is required, then, perhaps, the outcome of the meeting would not reflect the intention or the desire of the entire body. There could be a possibility of fraud not only on the Statute, but also on the basic principle of the democracy. There could be a situation where, the learned Advocate General argued, the Adhyaksh or Upadhyaksh would not have lost confidence of the House and still, with the machinations of a few get the motion Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 53/56 passed.

32. This argument is not acceptable for the reason that the converse could also be true in certain circumstances. The law is not to be understood or interpreted taking into account the extremities or the outliers. A Adhyaksh or Upadhyaksh must have the confidence of the House for them to remain on their positions and be accountable for the missions and objectives of the Zila Parishad. Any organisation, be it a local body, can run only if the elected representatives enjoy the faith of the entire body, which will be reflected by the number of votes they garner.

33. The right to vote lies at the heart of any democratic set-up, but it ought not to be forgotten that the very purpose to have a seamless functioning of the Zila Parishad or any other body, cannot be put on hold by preventing people to come and vote for or against the motion or coerce them to vote in any manner.

34. A requisition for "no confidence" motion can Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 54/56 be brought by the approval of not less than 1/5 th of the total number of directly elected members of the Zila Parishad.

35. The manner in which the discussions and voting are to be held have been provided for.

36. Many contingencies have been taken into account like what would happen if the Adhyaksh or Upadhyaksh fail to convene the meeting and how would the discussions be carried out and the motion would be put to vote. The motion is required to be put to vote on the same day after discussions which has to take place by secret ballot in the prescribed manner by the District Magistrate.

37. Mr. K.N. Choubey, the learned Senior Advocate urged the Court to consider that there has to be a primacy of vox populi. He also made references to various parts of the Constitution of India dealing with the election of high functionaries, where majority of the entire body was required.

Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 55/56

38. In our estimation, such comparison is not apt for the reason of total clarity in the Statute. If the opening sentence of Section 70 (4) of the Act is read as a whole, it would appear that what the Legislature intended was the majority of the directly elected members at especially convened meeting. This can only mean members present and voting and nothing else.

39. We do not find any insurmountable inexactitude in the language used in Section 70 (4) of the Act. It does not present before us a situation where some specific tool of interpretation is required to be pitched in and that not doing so would reduce the legislation to futility and render the manifest purpose of the legislation, nugatory.

40. With utmost deference, we say that in Sarita Kumari (supra), perhaps, the entire scheme of Section 70 (4) of the Act was not gone into. It has succinctly been explained in Dharamsheela Kumari (supra), which dealt with the "no confidence" motion of Patna High Court L.P.A No.125 of 2024 dt.16-05-2024 56/56 Pramukh and Up-Pramukh under Chapter-IV, which provision, namely, Section 44 (3) is exactly similar to Section 70 (4) of the Act.

41. We, thus, conclude that for a motion of "no confidence" to be carried out successfully, the requirement is of the majority of the members present and voting and not majority of the total of the elected members of the Zila Parishad.

42. We have not referred to the facts of any one of the writ petitions or appeals before us, which shall be decided on the principle enunciated by us.

43. The reference stands answered accordingly.

(Ashutosh Kumar, J) K. Vinod Chandran, CJ : I agree (K. Vinod Chandran, CJ) Harish Kumar, J : I agree (Harish Kumar, J) krishna/Praveen-II AFR/NAFR AFR CAV DATE 07/05/2024 Uploading Date Transmission Date N/A