Sony Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.619 of 2024 ====================================================== Sony Kumari wife of Chandan Kumar, R/o Village Rita Bigha, P.S. Shakurabad, District-Jehanabad.

... ... 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-Jehanabad. 5.

The District Panchayat Raj Officer, Jehanabad. 6.

The Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 7.

Pankaj Kumar, son of Late Parmeshwar Sharma, R/o Village-Noawan, P.S. Shakurabad, District-Jehanabad, Member Panchayat, Noawan Panchayat, Part-1. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni 8.

Asharfi Khatoon Wife of Baban Malik, R/o Village Gagankura, P.S. Sakurabad, District-Jehanabad, Member Panchayat Kansua Panchayat. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 9.

Afakh Alam, son of Kamaluddin Ansari, R/o Village Kindui, P.S. Parasbigha, District-Jehanabad, Member Panchayat Jhunathi Panchayat, Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 10.

Savita Devi, Wife of Mithilesh Kumar, R/o Village Ratani, P.S. Shakurabad, District-Jehanabad, Member Panchayat Ratani Panchayat. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad.

11.

Sunita Devi, Wife of Rajdeo Paswan, R/o Village Salempur, P.S. Shakurabad, District Jehanabad, Member Panchayat, Narayanpur-II 12.

Renu Devi, wife of Ranjeet Paswan, R/o Village Frizpura, PS. Shakurabad, District-Jehanabad, Member Panchayat Sikandapur Panchayat. Panchayat

2/4 Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 13.

Shivmani Kumari, Wife of Mantosh Kumar, R/o Village-Panditpur, P.S. Shakurabad, District-Jehanabad, Member Panchayat-Sesambha-2 Panchayat. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 14.

Khodeja Khatoon, Wife of Late Akhtar Sah, R/o Village Gagankura, P.S. Shakurabad, District Jehanabad, Member Panchayat Uchita Panchayat. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 15.

Rajesh Prasad, Son of Late Manik Chand, R/o Village Shakurabad, P.S. Shakurabad, District Jehanabad, Member Panchayat Shesamba, Part-2 16.

Uday Thakur, son of Triveni Thakur, R/o Village Kaswa, P.S. Parasbigha, District-Jehanabad, Member Panchayat, Kaswan Panchayat. Panchayat Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 17.

Rinki Devi, Wife of Manoj Yadav, R/o Village Bishunpura, P.S. Parasbigha, District-Jehanabad, Member Panchayat, Sohraiya Panchayat, Part-1. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 18.

Kiran Kumari, wife of Girjesh Kumar, R/o Village Malachak, P.S. Parasbigha, District-Jehanabad, Member Panchayat, Sohsaraiya, Part-2 19.

Ram Kumar, Son of Late Binda Yadav, R/o Village Ibrahimpur, P.S. Shakurabad, District-Jehanabad, Member Panchayat, Noawa Part-II 20.

Riku Devi, Wife of Subodh Paswan, R/o Village Aish, Post Aish, DistrictJehanabad, Member Panchayat Pandaul Panchayat. Panchayat Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad.

21.

Jitendra Yadav, Son of Late Kameshwar Yadav, R/o Village Gayabigha, District-Jehanabad, Member Panchayat Narayanpur-1 Panchayat. Panchayat Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 22.

Paswan Kumar, son of Late Suresh Prasad, R/o Village Rostampur, Post Ranibigha, District-Jehanabad, Member Panchayat Murhar. Panchayat

3/4 Ratni Faridpur, Block-Ratni Faridpur, Jehanabad. 23.

Ram Kumar, Son of Ram Chandra Singh, R/o Village Oaina, P.S. Parasbigha, District-Jehanabad, Member Panchayat Lakhapur Part 1 24.

Shanti Devi, Wife of Akhilesh Choudhary, R/o Village DanaDihari, P.S. Parasbigha, District-Jehanabad, Panchayat Samiti, Lakhapur Part -1 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi, Advocate.

Mr. Avinash Shekhar, Advocate.

Mr. Rohit Singh, Advocate.

For the Respondent/s :

Mr. Ajay Kumar Sinha, GA-8.

Mr. Upendra Kumar Singh, AC to GA-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2024 Heard Mr. Suraj Samdarshi, learned counsel along with Mr. Avinash Shekhar and Mr. Rohit Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Sinha, learned GA-8 along with Mr. Upendra Kumar Singh, learned AC to GA-8 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that the requisition made by some of the members of the Panchayat Samiti is vague and don't contain specific act of misdemeanour or allegations against him and have not been spelled out with specific instances and in this regard he relies upon the judgment rendered in the case of

4/4 Lalan Singh and Others Vs. The State of Bihar and Others reported in 2002 (3) PLJR 201.

3. Considering the submission made on behalf of the petitioner and the law laid in the case of Lalan Singh (supra), the proposal of 'no confidence' addressed to the petitioner who is the Pramukh of Ratni Faridpur, District - Jehanabad has lost its force for not having fulfilled the condition mentioned in Section 44(3)(v) of the Bihar Panchayat Raj Act, 2006.

4. The writ petition is, accordingly, allowed. (Purnendu Singh, J) mantreshwar/- U