Anamika Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1041 of 2024 ====================================================== Anamika Bharti Wife of Jay Prakash Narayan, resident of village - Panapur Ariya, P.O. - Ratwara Bindwara, P.S. Aurai, District - Muzaffarpur, presently Pramukh of Block Panchayat Samiti, Aurai, District - Muzaffarpur. ... ... 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, Muzaffarpur, District - Muzaffarpur. 4.

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

The Sub-Divisional Officer, East Muzaffarpur, District - Muzaffarpur. 6.

The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Aurai, District - Muzaffarpur.

7.

The Block Panchayat Raj Officer, Aurai, District - Muzaffarpur. 8.

Pappu Kumar Sah, Son of not known to the petitioner, Presently UpPramukh of Block Panchayat Samiti, Aurai, P.O. and P.S. Aurai, District - Muzaffarpur.

9.

Kalpana Kumari, Wife of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer10. Shobha Devi, Wife of not known to the petitioner, The elected members of 11.

Shyam Babu Ray, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer12. Raj Kumar Sah, Son of not known to the petitioner, The elected members of 13.

Shabnaz Ladli, Wife of not known to the petitioner, The elected members of 14.

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

Shashi Kumar, Son of not known to the petitioner, The elected members of

2/5 16.

Afrin Asgar, Son of not known to the petitioner, The elected members of 17.

Chulbul Ram, Son of not known to the petitioner, The elected members of 18.

Jagdish Sah, Son of not known to the petitioner, The elected members of 19.

Dolly Kumari, Wife of not known to the petitioner, The elected members of 20.

Jagannath Kumar, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer21. Md. Sakir Ansari, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer22. Md. Mustaque Alam, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Aurai, P.O. and P.S. Aurai, District - Muzaffarpur.

23.

Nilam Kumari, Wife of not known to the petitioner, The elected members of 24.

Shanti Kumari, Wife of not known to the petitioner, The elected members of 25.

Krishna Devi, Wife of not known to the petitioner, The elected members of 26.

Mohammad Anwarul, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Aurai, P.O. and P.S. Aurai, District - Muzaffarpur.

3/5 27.

Chinta Kumari, Wife of not known to the petitioner, The elected members of 28.

Sanju Devi, Wife of not known to the petitioner, The elected members of 29.

Jaya Devi, Wife of not known to the petitioner, The elected members of 30.

Arjun Das, Son of not known to the petitioner, The elected members of 31.

Satya Narayan Chaudhary, Son of not known to the petitioner, The elected members of Block Panchayat Samiti, Aurai through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Aurai, P.O. and P.S. Aurai, District - Muzaffarpur.

32.

Anita Devi, Wife of not known to the petitioner, The elected members of 33.

Kamlesh Sahni, Son of not known to the petitioner, The elected members of 34.

Purnima Devi, Wife of not known to the petitioner, The elected members of 35.

Navneet Shahi, Son of not known to the petitioner, The elected members of 36.

Hajra Khatoon, Wife of not known to the petitioner, The elected members of 37.

Shubhchand Jha, Son of not known to the petitioner, The elected members of 38.

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

4/5 39.

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

Murari Rai, Son of not known to the petitioner, The elected members of ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam, Advocate :

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

Mr. Addl. Advocate General 3 ====================================================== 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, Muzaffarpur, 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, Muzaffarpur, 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, Uppramukh and all the members of the Panchayat Samiti and seek

5/5 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 20.01.2024, the District Magistrate after providing opportunity of hearing may pass a speaking order strictly in accordance with law.

4. The special meeting dated 20.01.2024 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, Muzaffarpur, 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) chn/- U