Patna High Court
Dewanti Devi vs The State Of Bihar & Ors on 14 October, 2015
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14158 of 2015
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Dewanti Devi, wife of Ram Balak Pandit, Resident of Village- Bishambharpur, P.O. and
P.S. Bihta, District Patna, presently Pramukh of Block Panchayat Samiti, Bihta, District
Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.
4. The District Magistrate, Patna, District Patna.
5. The Sub-Divisional Officer, Danapur, District Patna.
6. The Block Development Officer -cum- Executive Officer, Block Panchayat Samiti ,
Bihta, District Patna.
7. Sri Satyanand Singh, son of not known to the Petitioner, presently Up-Pramukh of
Block Panchayat Samiti, Bihta, P.O and P.S.- Bihta, district- Patna.
8. Smt. Sumitra Devi, Wife of not known to the Petitioner.
9. Sri Nagina Rai, Son of not known to the Petitioner.
10. Sri Rakesh kumar, son of not known to the Petitioner.
11. Sri Rajeshwar Yadav, Son of not known to the Petitioner.
12. Sri Anil kumar, Son of not known to the Petitioner.
13. Sri Ravi kumar, Son of not known to the Petitioner.
14. Smt. Usha Devi, wife of not known to the Petitioner.
15. Smt. Milan Devi, wife of not known to the Petitioner.
16. Smt. Geeta Devi, Wife of not known to the Petitioner.
17. Sri Dilip kumar Gupta, son of not known to the Petitioner.
18. Smt. Ahmadi Khatoon, wife of not known to the Petitioner.
19. Smt. Rajmuni Devi, Wife of not known to the Petitioner.
20. Sri Sanjay kumar, son of not known to the Petitioner.
21. Sri Bihari Paswan, Son of not known to the Petitioner.
22. Sri Birendra Sah, son of not known to the Petitioner.
23. Smt. Gauri Devi, wife of not known to the Petitioner.
24. Sri Ranjan kumar, son of not known to the Petitioner.
25. Smt. Abha Devi, wife of not known to the Petitioner.
26. Smt. Priyanka Ranjana, wife of not known to the Petitioner.
27. Smt. Usha Devi, Wife of not known to the Petitioner.
28. Smt. Bindu Devi, wife of not known to the Petitioner.
29. Sri kundan kumar, son of not known to the Petitioner.
30. Smt. Ushma Devi, wife of not known to the Petitioner.
31. Smt. Subodh Kumari, wife of not known to the Petitioner.
32. Sri Kant Rai, son of not known to the Petitioner.
33. Smt. Putal Devi, Wife of not known to the Petitioner.
34. Smt. Renu Devi, Wife of not known to the Petitioner.
35. Smt. Prajesh Devi, wife of not known to the Petitioner.
36. Sri Jitendra Singh, son of not known to the Petitioner.
37. Smt. Kiran Devi, wife of not known to the Petitioner.
38. Sri Ajay kumar, son of not known to the Petitioner.
39. Sri Arvind kumar, son of not known to the Petitioner.
Resondent nos. 8 to 39 are the elected Members of Block Panchayat Samiti,
Bihat through the Block Development Officer -cum- Executive Officer, Block
Panchayat Samiti, Bihta, P.O. and P.S. Bihta, District- Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam
Mr. Ravi Ranjan
Patna High Court CWJC No.14158 of 2015 dt.14-10-2015 2
For the Respondent/s :
Mr. Krishna Kumar, AC to GP-26
For Resopondent Nos.9 to 24 :
Mr. Y.V. Giri, Sr. Advocate with
Mr. Ashish Giri.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 14-10-2015
Heard Mr. S.B.K. Manglam assisted by Mr. Ravi Ranjan
for the petitioner, Mr. Krishna Kumar, learned Assisting counsel to
Government Pleader No.26 for the State and Mr. Y.V. Giri, learned
senior counsel appearing for the requisitionists i.e. respondent nos.9
to 24 along with Mr. Ashish Giri.
With the consent of the parties this matter is disposed of
at the present stage itself.
The petitioner is the Pramukh of Block Panchayat
Samiti, Bihta in the district of Patna. A no confidence motion was
moved against the petitioner vide requisition placed at Annexure-1
which is dated 24.8.2015 under section 44(3) (i) of the Bihar
Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act').
According to the petitioner, this requisition was never served on her
rather was forwarded to her through the Executive Officer.
Following the requisition and since the petitioner did not take any
steps to fix the date of special meeting that the requisitionists have
moved and decided a date of special meeting which was fixed on
18.9.2015and notice to that effect was circulated by the respondent no.6, the Block Development Officer -cum- Executive Officer, Panchayat Samiti, Bihta on 10.9.2015 notifying the date of special Patna High Court CWJC No.14158 of 2015 dt.14-10-2015 3 meeting on 18.9.2015, a copy of which is placed at Annexure-3 to I.A.No.7679 of 2015. The petitioner moved this Court raising two objections, namely:
(a) The requisition has not been served on her in the manner prescribed under section 44(3)(i) of 'the Act'; and
(b) That notice notifying the date of special meeting, a copy of which is placed at Annexure-3 to I.A. No.7679 of 2015 is in violation of section 44(3) (v) of 'the Act' for it contains no reasons/charges.
It is in consideration of the issues raised and since apparently the notice was in the teeth of section 44(3) (v) of 'the Act' that this Court while issuing notice to the privates respondents stayed the operation of the notice and as a consequence the special meeting fixed on 18.9.2015 was also stayed. Pursuant to the notice issued that the requisitionists have appeared.
Mr. Y.V. Giri, learned senior counsel appearing for the requisitionists while contesting the stand of the petitioner that the requisition was not served on her submitted that it is the deliberate act of the petitioner in avoiding the requisition and in these circumstances it was served in the office of the Executive Officer who also has colluded with the petitioner to issue an invalid notice.
Although notices have been issued to all the members of Patna High Court CWJC No.14158 of 2015 dt.14-10-2015 4 the Panchayat Samiti but since the motion is yet at the stage of requisition and since the requisitionists have since appeared hence in my opinion by the appearance of the requisitionists before this Court this matter can be disposed of without awaiting the return of the service reports.
The matter as it stands presently is that even if the requisition was allegedly not served on the petitioner, which stand is contested by the respondents but the fact presently is that the requisition has reached the knowledge and information of the Pramukh and would not require a completion of formality on the technicality of service.
That this Court prima-facie accepting the contention advanced on behalf of the petitioner regarding non-service has stayed the special meeting fixed for 18.9.2015, now that the requisition is within the knowledge and information of the petitioner-Pramukh, it shall be deemed service upon her and she cannot hide behind technicalities at this stage. Proceeding further since section 44(3) (i) of 'the Act' casts responsibility on Pramukh to fix a date of special meeting within 7 days of the service of such requisition hence the petitioner-Pramukh would be under a duty to fix a date of special meeting and taking into consideration the ensuing assembly election in the State, in my opinion it would be proper to allow the petitioner to fix the date of special meeting on Patna High Court CWJC No.14158 of 2015 dt.14-10-2015 5 or before 30.10.2015 with a clear stipulation that if the petitioner fails to discharge the obligation cast upon her to fix the date of special meeting on or before 30.10.2015 then the Up Pramukh/ requisitionists as the case may be, shall be at liberty to proceed in terms of the provisions of section 44(3) (i) of 'the Act' and fix the date of special meeting. Once the date of special meeting is fixed by the Pramukh or by the Up-Pramukh/the requisitionists as the case may be then the Block Development Officer -cum- Executive Officer, Bihta shall notify the date of special meeting but with conscious obedience of the provisions underlying section 44(3) (v) read with section 46(4) of 'the Act'.
It is made clear that any statutory violation this time by the Block Development Officer- cum- Executive Officer, Bihta in circulating the notice would be treated to be a violation of this order.
This writ petition is allowed with the direction aforementioned. Interlocutory application stands disposed of.
(Jyoti Saran, J) SKPathak/-
U NAFR