Chanda Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1329 of 2024 ====================================================== Chanda Kumari Wife of Sri Santosh Paswan, Resident of village- Ujain Lohiyar Ward No.- 13, P.O.- Gayghat, P.S.- Harsidhi, District - East Champaran at Motihari, Presently Pramukh of Block Panchayat Samiti, Harsidhi District - East Champaran at Motihari. ... ... 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, East Champaran at Motihari, District - East Champaran at Motihari.

4.

The Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Harsidhi, District - East Champaran at Motihari. 5.

Suganti Devi, Wife of Sri Narendra Kumar Rai, Presently Up- Pramukh of Block Panchayat Samiti, Harsidhi, P.O. and P.S. Harisdhi, District - East Champaran at Motihari, the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and P.S. Harsidhi, District - East Champaran at Motihari.

6.

Rizwana Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and 7.

Vijay Kumar Kushwaha, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and P.S. Harsidhi, District - East Champaran at Motihari. 8.

Aasma Praveen, Wife of not known to the petitioner the elected member of 9.

Prabha Devi, Wife of not known to the petitioner the elected member of 10.

Deepak Kumar, Son of not known to the petitioner the elected member of 11.

Geeta Devi, Wife of not known to the petitioner the elected member of

2/5 12.

Geeta Devi, Wife of not known to the petitioner the elected member of 13.

Suvasani Devi, Wife of not known to the petitioner the elected member of 14.

Pradeep Kumar Yadav, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and P.S. Harsidhi, District - East Champaran at Motihari. 15.

Braj Kishore Yadav, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and 16.

Dinesh Prasad, Son of not known to the petitioner the elected member of 17.

Gulaichi Devi, Wife of not known to the petitioner the elected member of 18.

Kanhaiya Prasad, Son of not known to the petitioner the elected member of 19.

Shivji Yadav, Son of not known to the petitioner the elected member of 20.

Rajia Khatoon, Wife of not known to the petitioner the elected member of 21.

Shailendra Kumar, Son of not known to the petitioner the elected member of 22.

Wasima Khatoon, Wife of not known to the petitioner the elected member of 23.

Mustaqueem Ansari, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Harsidhi P.O. and

3/5 24.

Savitri Devi, Wife of not known to the petitioner the elected member of 25.

Suresh Das, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cumExecutive Officer, Block Panchayat Samiti, Harsidhi P.O. and P.S. Harsidhi, District - East Champaran at Motihari.

26.

Sarfaraz Rai, Son of not known to the petitioner the elected member of 27.

Kanhaiya Prasad, Son of not known to the petitioner the elected member of 28.

Amzad Khan, Son of not known to the petitioner the elected member of 29.

Janki Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Harsidhi through the Block Development Officer -cumExecutive Officer, Block Panchayat Samiti, Harsidhi P.O. and P.S. Harsidhi, District - East Champaran at Motihari.

30.

Hasan Raja Mian, Son of not known to the petitioner the elected member of ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the State :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 For the Pvt. Respondent :

Mr. Y.V. Giri, Sr. Advocate Mr. Pranav Kumar, Advocate Ms. Shrishti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-01-2024 Heard Mr. Awnish Kumar, learned counsel appearing on behalf of the petitioner; Mr. S.D. Yadav, learned AAG-9 for the State and Mr. Y. V. Giri, learned senior counsel along with

4/5 Mr. Pranav Kumar and Ms. Shristi Singh, learned counsel for the respondent no.16.

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, East Champaran at Motihari, for the relief(s) as prayed for in the present writ petition.

3. Considering the limited relief(s) as sought for by the petitioner, the District Magistrate, East Champaran at Motihari, 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-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 24.01.2024, the

5/5 District Magistrate after providing opportunity of hearing may pass a speaking order strictly in accordance with law within one week from the date of attendance filed by all the members.

4. The special meeting dated 24.01.2024 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 must ensure to communicate this order forthwith to the District Magistrate, East Champaran at Motihari, as well as, to the Block Development Officer, Harsidhi without waiting for pronouncement of the order.

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

(Purnendu Singh, J) Niraj/- U