Fula Jahan Begam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1355 of 2024 ====================================================== Fula Jahan Begam wife of Mahfuj Alam, Member Panchayat Samiti Panchayat, Makimpur, Resident of Mukimpur, Post Office and Police StationGarkha, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Panchayat Raj Department, Government of Bihar, Patna.

2.

The District Magistrate, Saran.

3.

The District Panchayat Raj Officer, Saran.

4.

The Sub Divisional Officer, Chapra, Saran.

5.

The Block Development Officer cum Executive Magistrate, Garkha, Saran. 6.

Smt. Reni Devi, Wife of Harendra Mahto, Member Panchayat Samiti, Mahamada, Area 6. Resident of Mahamada, Police Station- Garkha. DistrictSaran. 7.

Sunaina Devi Wife of Krishna Singh, Member Panchayat Samiti, Panchayat Mahmadpur, Area-15,Resident of Mahmadpur, Police Station- Garkha, District-Saran.

8.

Usha Devi Wife of Devnarayan Rai, Member Panchayat Samiti, PanchayatMotirajpur, Area-1, Resident of Pathra, Post Office- Rasidpdur, Police Station- Garkha, District-Saran.

9.

Tasiran Bibi Wife of Niyamat Ali, Member Panchayat Samiti, Panchayat, Motirajpur, Area-2, Resident of Motirajpur, Post Office- Saiyad Sarai, Police Station- Garkha, District- Saran.

10.

Rita Devi, Wife of Ranjeet Kumaar Rai, Member Panchayat Samiti, Panchayat Sadhpur, Area-3, Resident of Sadhpur, Police Station- Garkha, District- Saran.

11.

Geeta Devi Wife of Jai Prakash Singh, Member Panchayat Samiti, Pancheyat Ferusa, Area-4, Resident of Belbaniyan, Police Station- Garkha, District- Saran.

12.

Kaushilya Devi Wife of Pramod Kumar Rai, Member Panchayat Samiti, Panchayat Ferusa, Area-5,Resident of Paharpur, Police Station- Garkha, District Saran.

13.

Loknath Sah Son of Bal Chand Sah, Member Panchayat Samiti, Panchayat Pirauna (Dhaga), Resident of PIrauna, Police Station- Garkha, DistrictSaran. 14.

Lakshmina Devi Wife of Sainik Rai, Member Panchayat Samiti, PanchayatPerauna, Area-8, Resident of Sarbadih, Post Office- Pirauna, Police Station15. Asha Devi Wife of Raja at, Member Panchayat Samiti, Panchayat- Sargatti, Area-9, Resident of Aloni, Post Office and Police Station- Garkha, DistrictSaran.

2/4 16.

Babita Devi, Wife of Anil Ram, Member Panchayat Samiti, PanchayatBajitpur, Area-11, Resident of Bajitpur, Police Station- Garkha, DistrictSaran. 17.

Priti Devi Wife of Tunne Prasad, MemberPanchayat Samiti, PanchayatGarkhja, Area-12, Residentof Garkha, Post Office and Police StationGarkha, District-Saran. 18.

Mukesh Kumar Singh Son of Khud Ramjee Singh, Member, Panchayat Samiti, Panchayat- Garkha, Area-13, Resident of Garkha, Post Office and Police Station- Garkha.District- Saran.

19.

Babita Devi, Wife of Dulaar Chand Kumar Mahto, Member Panchayat Samiti, Panchayat- Tuithepur, Area-14, Resident of Thithepur, Post Office and Police Station- Garkha, District- Saran.

20.

Bablu Kumar Rai Son of Rajendra Rai, Member Panchayat Samiti, Panchayat- Mahamadpur, Area-16, Resident of Muhammadpdur, Police Station- Garkha, District- Saran.

21.

Dharmendra Rai Son of Jai Mangal Rai, Member Panchayat Samiti, Panchayat- Hasanpura, Area-17, Resident of Kucha, Police Station- Garkha, District- Saran.

22.

Mamta Kumari Wife of Santosh Kumar Singh, Member, Panchayat Samiti, Panchayat- Hasanpura, Area18, Resident of Pindari, Post Office- Gopur, PoliceStation- Garkha, District- Saran.

23.

Nili Devi Wife of Rajesh Kumar Singh, Member Panchayat Samiti, Panchayat- Mirpur Zuara, Area- 19,Resident of Mirpur Juara, Police StationAwatarnagar, District- Saran. 24.

Kanti Devi Wife of Satyadev Kumar Singh, Member Panchayat Samiti, Panchayat- Kothiya, Area- 20, Resident of Mirpur Zuara, Police StationAwatarnagar, District- Saran. 25.

Abhay Kumar Singh Son of Ugarsen Singh, Member Panchayat Samiti, Panchayat- Kothiya, Area- 21 Resident of Madanpur, Police StationAwatarnagar, District- Saran. 26.

Savita Devi Wife of Jitendra Bhagat, Member Panchayat Samiti, PanchayatRampur, Area- 22, Residentof Rampur, Police Station- Garkha, DistrictSaran. 27.

Kiran Devi wife of Ajay Singh, Member Panchayat Samiti, PanchayatItawan, Area-23, Resident of Baikunthpur, Post Office-Rahmanpur, Police Station-Garkha, District-Saran.

28.

Jai Prakash Prasad Son of Narsimha Mahto, Member Panchayat Samiti, Panchayat- Itawan, Area- 24,Resident of Rahampur, Police Station- Garkha, District Saran.

29.

Surendra Manjhi Son of Shatrudhan Manjhi, Member Panchayat Samiti, Panchayat- Kudarbhada, Area25, Resident of Kudarbhada, Police Station30. Ajeet Kumar Son of Arjun Prasad Yadav, Member Panchayat Samiti, Panchayat- Jalal Basant, Area- 26, Resident of Mohrampur, Police Station31. Jai Prakash Ram Son of Ram Pravesh Ram, Member Panchayat Samiti,

3/4 Panchayat- Jalal Basant, Area 27, Resident of Jalal Basant. Post OfficeBasant, Police Station- Garkha, District- Saran. 32.

Akhilesh Kumar Patel Son of Shatruhan Singh, Member Panchayat Samiti, Panchayat- Shripal Basant, Area- 28, Resident of Shripal Basant, Post Office- Basant, Police Station- Garkha, District- Saran. 33.

Deepak Kumar Son of Jai Nandan Rai, Member Panchayat Samiti, Panchayat- Shripal Basant, Area- 29, Resident of Bhuigoun, Police Station34. Rajesh Kumar Manjhi Son of Arjun Manjhi, Member Panchayat Samiti, Panchayat- Miorzapur, Area-31, Resident of Manobar. Police StationGarkha, District Saran. 35.

Rakesh Kumar Son of Shiv Narayan Rai, Member Panchayat Samiti, Panchayat- Panchpatiya, Area- 32. Resident of Chota Jhoua, Police StationAwatarnagar, District- Saran. 36.

Sanjeet Kumar Son of Shri Maheshwar Singh, Member Panchayat Samiti, Panchayat- Panchpatiya, Area33, Resident of Devariya, Police StationAwatarnagar, District- Saran. 37.

Chandravati Devi Member Panchayat Samiti, Panchayat- Naraoo, Area- 34, Resident of Naraoo, PoliceStation- Awatarnagar, District- Saran. 38.

Sangeeta Devi Wife of Jalandhar Thakur, Member Panchayat Samiti, Panchayat- Mauzampur, Area- 35, Resident of Mauzampur, Police StationAwatarnagar, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mirityunjay Kumar, Advocate.

For the State :

Mr. Arif Daula Siddiqui, AC to SC-25.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-01-2024 Heard Mr. Mirityunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Arif Daula Siddiqui, learned AC to SC-25 for the State.

2. It is informed by learned counsel appearing on behalf of the petitioner that the special meeting of 'No Confidence Motion' has already been convened on 10.01.2024 and he wants again to call for another special meeting of 'No Confidence Motion' against the Pramukh and Up-Pramukh.

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3. The Panchayat Samiti is in the best position to understand and appreciate the needs of the people as enjoyed in the Constitution. In the present case, there is no violation of any statutory provision. The Court will not interfere in any manner with the mandate of the Constitution and the dignity of the Panchayati Raj institution nor will infringe the principle of democracy.

4. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U