Bashid Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.402 of 2024 ====================================================== Bashid Ahmad Son of Irshad Ahmad, resident of village- Kunali, P.S. - Kunali Bazar, District - Supaul, Bihar - 847451.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.

The District Magistrate, Supaul.

5.

The District Panchayati Raj Officer, Supaul.

6.

The Sub-Divisional Officer, Nirmali, Supaul.

7.

The Executive Officer, Panchayat Samiti cum Block Development Officer, Nirmali, Supaul.

8.

The Deputy Development Commissioner (DDC) Supaul. 9.

Ram Pravesh Prasad Singh, son of not known to the petitioner, at present Member Panchayat Samiti, (Panchayat Samiti Kshetra No. 04), Supaul. Member of Prakhand Panchayat Samiti Nirmali, Block - Nirmali, District - Supaul.

10.

Hare Ram Mehta, son of not known to the petitioner, at present Member Panchayat Samiti, (Panchayat Samiti Kshetra No. 02), Supaul. Member of Prakhand Panchayat Samiti Nirmali, Block - Nirmali, District - Supaul. 11.

Mamta Devi, Wife of not known to the petitioner, at present Member panchayat Samiti, (Panchayat Samiti Kshetra No. 06), Supaul. Member of Prakhand Panchayat Samiti Nirmali, Block - Nirmali, District - Supaul. 12.

Chandrakala Devi, Wife of not known to the petitioner, at present Member Panchayat Samiti, (Panchayat Samiti Kshetra No. 10), Supaul. Member of Prakhand Panchayat Samiti Nirmali, Block - Nirmali, District - Supaul. 13.

Bibi Mariam, Wife of not known to the petitioner, at present Member Panchayat Samiti, (Panchayat Samiti Kshetra No. 3), Supaul. Member of Prakhand Panchayat Samiti Nirmali, Block - Nirmali, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kumar Ojha, Advocate Mr.Abhishek Raj, Advocate Mr.Ashok Kumar Karn, Advocate For Private Res.

:

Mr.Amit Shrivastava, senior Advocate M.Ranjeet Choubey, Advocate For the Respondent/s :

Learned Government Pleader 14

Patna High Court CWJC No.402 of 2024(3) dt.06-02-2024 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-02-2024 Heard Mr. Anand Kumar Ojha along with Mr. Abhishek Raj and Mr. Ashok Kumar, learned counsels appearing on behalf of the petitioner; Mr. Amit Shrivastava, learned Senior counsel on behalf of the private respondents and learned G.P. 14 for the State.

2. Learned counsels appearing on behalf of the petitioner and the respondents are present and they jointly pray that the matter be referred before the District Magistrate-cumCollector to exercise his power under Section 157 of Bihar Panchayat Raj Act, 2006.

3. The District Magistrate concerned is directed to hear all the parties and pass a reasoned order.

4. In case already special meeting of no confidence motion has been conducted, then in that case, the District Magistrate is required to call for the audit report for the period during which the petitioner was in office to ascertain the gravity of the charge against the petitioner and examine the role of the Block Development Officer and pass a reasoned order in accordance with law after giving due opportunity of hearing to the affected parties.

5. With the above observation/direction, the present

Patna High Court CWJC No.402 of 2024(3) dt.06-02-2024 3/3 writ petition stands disposed of..

(Purnendu Singh, J) chn/- U