Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1037 of 2024 ====================================================== Soni Devi Wife of Sri Arun Kumar, resident of village - Majhigama, P.O. - Pindrauch, P.S. Keoti, District - Darbhanga, presently Pramukh of Block Panchayat Samiti, Keoti, District- Darbhanga. ... ... 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, Darbhanga, District - Darbhanga. 4.

The District Panchayat Raj Officer, Darbhanga, District - Darbhanga. 5.

The Sub-Divisional Officer, Darbhanga, District - Darbhanga. 6.

The Block Development Officer - cum- Executive Officer, Block Panchayat Samiti, Keoti, District - Darbhanga.

7.

The Block Panchayat Raj Officer, Keoti, District - Darbhanga. 8.

Dharamshila Devi, Wife of not known to the petitioner, Presently UpPramukh of Block Panchayat Samiti, Keoti, P.O. and P.S. Keoti, District - Darbhanga.

9.

Md. Imran Azam, Son of not known to the petitioner. The elected members 10.

Lalita Devi, Wife of not known to the petitioner. The elected members of 11.

Ganga Choupal, Son of not known to the petitioner. The elected members of 12.

Sita Kant Jha, Son of not known to the petitioner. The elected members of 13.

Gita Devi, Wife of not known to the petitioner. The elected members of 14.

Kiran Devi, Wife of not known to the petitioner. The elected members of 15.

Gita Devi, Wife of not known to the petitioner. The elected members of 16.

Kiran Jha, Wife of not known to the petitioner. The elected members of

2/5 17.

Kanchan Kumari, Wife of not known to the petitioner. The elected members 18.

Rubi Devi, Wife of not known to the petitioner. The elected members of 19.

Babita Devi, Wife of not known to the petitioner. The elected members of 20.

Kamrulzama @ Hira, Son of not known to the petitioner. The elected members of Block Panchayat Samiti, Keoti through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Keoti, P.O. and P.S. Keoti, District - Darbhanga.

21.

Md. Tabrej Akhtar, Son of not known to the petitioner. The elected members 22.

Rashida Khatoon, Wife of not known to the petitioner. The elected members 23.

Kiran Devi, Wife of not known to the petitioner. The elected members of 24.

Akbari Khatoon, Wife of not known to the petitioner. The elected members 25.

Md. Mohi, Son of not known to the petitioner. The elected members of 26.

Shiv Kumar Rai, Son of not known to the petitioner. The elected members of 27.

Ritu Anal, Wife of not known to the petitioner. The elected members of 28.

Md. Sagir, Son of not known to the petitioner. The elected members of

3/5 29.

Sangita Kumari, Wife of not known to the petitioner. The elected members 30.

Md. Shahbaz Alam, Son of not known to the petitioner. The elected members of Block Panchayat Samiti, Keoti through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Keoti, P.O. and P.S. Keoti, District - Darbhanga.

31.

Azhar Imaam, Son of not known to the petitioner. The elected members of 32.

Pitambar Yadav, Son of not known to the petitioner. The elected members of 33.

Wasima Ara, Wife of not known to the petitioner. The elected members of 34.

Jagdir Yadav, Son of not known to the petitioner. The elected members of 35.

Ramesh Das, Son of not known to the petitioner. The elected members of 36.

Pankaj Kumar Chaudhary, Son of not known to the petitioner. The elected members of Block Panchayat Samiti, Keoti through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Keoti, P.O. and P.S. Keoti, District - Darbhanga.

37.

Rahana Khatoon, Wife of not known to the petitioner. The elected members 38.

Shatrudhan Shah, Son of not known to the petitioner. The elected members 39.

Jiwachhi Devi, Wife of not known to the petitioner. The elected members of 40.

Rubi Devi, Wife of not known to the petitioner. The elected members of

4/5 41.

Satan Kumar, Son of not known to the petitioner. The elected members of 42.

Sahana, Wife of not known to the petitioner. The elected members of Block Panchayat Samiti, Keoti through the Block Development Officer- cumExecutive Officer, Block Panchayat Samiti, Keoti, P.O. and P.S. Keoti, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. S.D.Yadav, Addl. Advocate General 9 :

Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner seeks to avail remedy under Section 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter to be referred as the 'Act') before the District Magistrate, Darbhanga, for the relief(s) as prayed for in the present writ petition.

3. Considering the limited relief(s) as sought for by the petitioners, the District Magistrate, Darbhanga, is directed to call for the records relating to the Panchayat Samiti of concerned Block and fix a date within two days after communication of this order for the attendance of Pramukh, Up-

5/5 pramukh and all the members of the Panchayat Samiti and seek their signature in his own presence and thereafter, he may fix a date for providing opportunity of hearing to the affected parties and decide the matter considering the charges as contained in the requisition. If he finds that there is violation of manner, as prescribed under Section 44 or Section 46 of the Bihar Panchayat Raj Act, 2006 and same requires interference in any manner with respect to calling of 'No Confidence Motion', which has been fixed on 19.01.2024, the District Magistrate after providing opportunity of hearing may pass a speaking order strictly in accordance with law.

4. The special meeting dated 19.01.2024 shall lose its operation till final decision is taken by the District Magistrate.

5. As the order has been passed in the open Court, learned counsel for the State has ensured that he will immediately communicate the District Magistrate, Darbhanga, by both the means, fax, as well as, by telephonic communication, even before the order is pronounced.

6. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J.) Ashishsingh/Chn U