Ramesh Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1500 of 2024 ====================================================== Ramesh Kumar Chaurasiya Son of Ramkhelavan Prasad Chaurasia, Resident of Mohalla- Veer Kuwar Singh Colony, Hajipur, P.O. and P.S. Hajipur, District - Vaishali at Hajipur, Presently Adhyaksh Zila Parishad, Vaishali ... ... 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, Vaishali at Hajipur District - Vaishali at Hajipur. 4.
The Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Vaishali, District - Vaishali at Hajipur. 5.
Smt. Sundar Mala Devi Wife of not known to the petitioner Presently UpAdhyaksh, Zila Parishad, Vaishali, P.O. and P.S. Hajipur, District - Vaishali at Hajipur.
6.
Anita Devi Wife of not known to the petitioner, Elected Members of Zila 7.
Mukesh Paswan Son of not known to the petitioner, Elected Members of 8.
Gunja Kumari Wife of not known to the Petitioner, Elected Members of Zila 9.
Prabhu Shah Son of not known to the Petitioner Elected Members of Zila 10.
Deonandan Sahani Son of not known to the Petitioner Elected Members of 11.
Reena Ragini Wife of not known to the Petitioner Elected Members of Zila 12.
Bibha Devi Wife of not known to the Petitioner Elected Members of Zila
2/6 13.
Rita Singh Wife of not known to the Petitioner Elected Members of Zila 14.
Vidya Rai Son of not known to the Petitioner Elected Members of Zila 15.
Lalmuni Devi Wife of not known to the petitioner, Elected Members of Zila 16.
Mohit Paswan Son of not Known to the Petitioner Elected Members of Zila 17.
Upendra Kumar Rai Son of not Known to the Petitioner Elected Members of 18.
Manindra Nath Singh Son of not Known to the Petitioner Elected Members 19.
Raj Karan Ram Son of not Known to the Petitioner Elected Members of Zila 20.
Pradeep Rai Son of not Known to the Petitioner Elected Members of Zila 21.
Nemdhari Rai Son of not Known to the Petitioner Elected Members of Zila 22.
Nagendra Choudahry Son of not Known to the Petitioner Elected Members 23.
Deepak Kumar Son of not Known to the Petitioner Elected Members of Zila 24.
Babita Narain Wife of not Known to the Petitioner Elected Members of Zila
3/6 25.
Kumari Kalawati Yadav Wife of not Known to the Petitioner Elected Members of Zila Parishad, Vaishali ,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Vaishali, P.O. and P.S. Hajipur, District - Vaishali at Hajipur. 26.
Manju Devi Wife of not Known to the Petitioner Elected Members of Zila 27.
Binod Kumar Son of not Known to the Petitioner Elected Members of Zila 28.
Anila Devi Wife of not Known to the Petitioner Elected Members of Zila District - Vaishali at Hajipur. Wife of not Known to the Petitioner 29.
Rinki Kumari Wife of not Known to the Petitioner Elected Members of Zila District - Vaishali at Hajipur. Wife of not Known to the Petitioner 30.
Ruby Kumari Wife of not Known to the Petitioner Elected Members of Zila 31.
Manoj Kumar Son of not Known to the Petitioner Elected Members of Zila 32.
Manoj Kumar Yadav Son of not known to the petitioner, Elected Members 33.
Nidhi Jha Wife of not known to the petitioner, Elected Members of Zila 34.
Khsuboo Kumari Wife of not known to the petitioner, Elected Members of 35.
Ram Sagar Sahani Son of not known to the Petitioner, Elected Members of 36.
Shabnam Wife of not known to the petitioner, Elected Members of Zila
4/6 37.
Ram Babu Chaudhary Son of not known to the petitioner, Elected Members 38.
Reena Kumari Wife of not known to the petitioner. Elected Members of Zila 39.
Manish Kumar Shukla Son of not known to the petitioner, Elected Members 40.
Reena Devi Wife of not known to the petitioner, Elected Members of Zila 41.
Priyanka Kumari Wife of not known to the petitioner. Elected Members of 42.
Pinki Kumari Wife of not known to the petitioner. Elected Members of Zila 43.
Aashutosh Dipu Son of not known to the petitioner. Elected Members of 44.
Engineer Niraj Kumar Son of not known to the petitioner, Elected Members ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. B. K. Manglam, Advocate.
Mr. Awnish Kumar, Advocate.
For the State :
Mr. Md. Raisul Haque, Advocate.
For respondent no.39 :
Mr. Ashhar Mustafa, Advocate.
Mr. Vikash Kumar Jha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-01-2024 Heard Mr. S. B. K. Manglam, learned counsel along
5/6 with Mr. Awnish Kumar, learned counsel appearing on behalf of the petitioner; Mr. Md. Raisul Haque, learned counsel for the State and Mr. Ashhar Mustafa, learned counsel along with Mr. Vikash Kumar Jha, learned counsel for the respondent no.39.
2. Learned counsel for the State submits that in spite of the oral direction of this Court communicated by him to the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Vaishali at Hajipur, he has proceeded to convene the meeting today at 11:00 A.M. which was fixed by the petitioner himself as has been stated in Para-7 of the writ petition.
3. Considering the relief as prayed for in the present writ petition, final result of today's special meeting of 'No Confidence Motion' will be subject to the final adjudication by the District Magistrate, Vaishali at Hajipur before whom the petitioner seeks to file an application under Section 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act').
4. The District Magistrate, Vaishali at Hajipur is directed to call for all the members of the Zila Parishad who are required to tender their attendance within two days from today i.e. on 27.01.2024 and after giving proper opportunity of hearing to all the affected and interested parties, he is required
6/6 to pass reasoned order on or before 05.02.2024.
5. The writ petition stands disposed of.
(Purnendu Singh, J) mantreshwar/- U