Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1537 of 2024 ====================================================== Urmila Devi Wife of Amir Das, R/o village Jalkharia, P.S. Chakai, District - ... ... 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, Deaprtment 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 - Jamui. 5.

The District Panchayat Raj Officer, Jamui.

6.

The Block Development Officer cum Executive Officer, Block Panchayat Samiti, Chakai, Block - Chakai, District - Jamui. 7.

Rinku Kumari Paswan, Wife of Ashok Kumar @ Manoj Paswan, Member, Panchayat Samiti, Darahwa, Block - Chakai, Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Chakia, Block-Chakia, District- Jamui.

8.

Manoj Murmu, Son of not known, Member, Panchayat Samiti, Nauadih, Part - 1, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block 9.

Sudhir Paswan, Son of not known, Member, Panchayat Samiti, Ramsingh dih, Block - Chaikai, District - Jamui. Panchayat Samiti member of the 10.

Navin Lal Chorey, Son of not known, Member, Panchayat Samiti, Thari, 11.

Ashok Rajak, Son of not known, Member, Panchayat Samiti, Nauadih Shilfari, Block - Chakai, District- Jamui. Panchayat Samiti member of the 12.

Diwakar Choudhary, Son of not known, Member, Panchayat Samiti, Kiyajori, Part- 1, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development

2/5 13.

Nasiha Khatoon, Wife of not known, Member, Panchayat Samiti, Ramchandra dih, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 14.

Navin Chandra, Son of not known Member, Panchayat Samiti, Chandra Mandi, Part - II, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 15.

Suryamani Soren, Son of not known Member, Panchayat Samiti, Pojha, Part- I, Block - Chakia, District - Jamui. Panchayat Samiti member of the 16.

Chinta Devi, Wife of not Known, Member, Panchayat Samiti, Pojha, Part -II, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block 17.

Dhanti Devi, Wife of not known, Member, Panchayat Samiti, Bongi, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Chakia, Block-Chakia, District- Jamui. 18.

Rinki Devi, Wife of not known, Member, Panchayati Samiti, Saron, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Chakia, Block-Chakia, District- Jamui. 19.

Malti Devi, Wife of not known, Member, Panchayat Samiti, Madhopur, Block Chakai, District - Jamui. Panchayat Samiti member of the Block 20.

Priyanka Devi, Wife of not known, Member, Panchayat Samiti, Chandramandi, Part- I, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Chakia, Block-Chakia, District- Jamui.

21.

Anustha Devi, Wife of not known, Member, Panchayat Samiti, Chakai, 22.

Durga Soren, Son of not known, Member, Panchayat Samiti, Barmoriya,

3/5 23.

Tara Devi, Wife of not known, Member, Panchayat Samiti, Ghuthwe Panchayat, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 24.

Sabina Tudu, Son of not known, Member, Panchayat Samiti, Baamdih Panchayat, Block - Chakai, District- Jamui. Panchayat Samiti member of the 25.

Janki Das, Wife of not known, Member, Panchayat Samiti, Parachi Panchayat, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 26.

Rakesh Thakur, Son of not known, Panchayat Samiti, Chaufala Panchayat, 27.

Anjali Bharti, Wife of not known, Member, Panchayat Samiti, Kalyanpur Panchayat, Block - Chakai, Disrict- Jamui. Panchayat Samiti member of the 28.

Uday Yadav, Son of not known, Member, Panchayat Samiti, Kiyajori, PartII Panchayat, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 29.

Manoj Rawat, Son of not known, Member, Panchayat Samiti, Fariytadih Panchayat, Block - Chakai, District- Jamui. Panchayat Samiti member of the 30.

Sarita Devi, Wife of not known, Member, Panchayat Samiti, Nauwadih PartII Panchayat, Block - Chakai, District- Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development 31.

Ravindra Sah, Son of not known, Member, Panchayat Samiti, Dilampur Panchayat, Block - Chakai, District- Jamui. Panchayat Samiti member of the 32.

Dayavanti Devi, Wife of not known, Member Panchayat Samiti, Gajahi PartI Panchayat, Block - Chakai, District - Jamui. Panchayat Samiti member of

4/5 the Block Panchayat Samiti, Chakia, through the Block Development 33.

Shobha Devi, Wife of not known, Member, Panchayat Samiti, Gajahi Part- II Panchayat, Block - Chakai, District - Jamui. Panchayat Samiti member of the Block Panchayat Samiti, Chakia, through the Block Development ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Standing Counsel 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-01-2024 Heard the parties.

2. Mr. Kumar Harshvardhan, learned counsel appearing on behalf of the petitioner submits that matter requires to be adjudicated by the District Magistrate-cumCollector, Jamui, in exercise of power under Section 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act').

3. Considering the grievance of the petitioner that there is complete violation of procedure prescribed under Section 44 (3)(i) of the Act, it would be in the interest of justice to call upon the members of the Panchayat Samiti, to avoid time in process of issuing notice, this Court finds that the District Magistrate must ensure to inform the Block Development Officer-cum-Executive Officer, concerned, so that all the members may appear before him in person on 27.01.2024.

5/5

4. In case of failure by any of the member, the District Magistrate must resort to first enquire, as to whether, he has deliberately avoided to appear before him is for any genuine cause. If it is deliberate, the District Magistrate must ensure to take appropriate action in accordance with law against the concerned member of Panchayat Samiti.

5. The District Magistrate is directed to pass a reasoned order after providing due opportunity of hearing to all the interested parties expeditiously on or before 03.02.2024 without fail.

6. The special meeting dated 29.01.2024 shall lose its operation till final decision is taken by the District Magistrate.

7. Learned counsel for the State may take steps to immediately communicate the District Magistrate, concerned, by both the means, fax as well as, by telephonic communication

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

(Purnendu Singh, J) Niraj/- U