Chandrjyoti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1632 of 2024 ====================================================== Chandrjyoti Devi Wife of Baijnath Prasad, Resident of Village- Akhanpur, P.O. Bohiya, P.S. Alipur, District- Gaya, Bihar- 824235, presently Pramukh Tekari Block Panchayat Samiti, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-District Election Officer, Gaya. 3.

The District Panchayati Raj Officer, District- Gaya. 4.

The Sub Divisional Officer, Tekari, District- Gaya. 5.

The Block Panchayati Raj Officer, District- Gaya. 6.

The Block Development Officer, Tekari-cum- Executive Officer, Tekari Block Panchayat Samiti, District- Gaya.

7.

Raju Kumar Malakar, Son of Lalan Prasad Malakar the member of Block 8.

Jai Prakash Kumar, Son of Late Nand Kishore Sharma the member of Block 9.

Soni Kumari, Wife of Suraj Kumar the member of Block Panchayat Samiti, 10.

Guddi Devi, Wife of Rangnath Sharma the member of Block Panchayat 11.

Saloni Kumari, Wife of Shambhu Prasad the member of Block Panchayat 12.

Umlesh Devi, Wife of Surendra Ram the member of Block Panchayat 13.

Anita Devi, Wife of Jitendra Kumar Yadav the member of Block Panchayat 14.

Baby Devi, Wife of Dhananjay Kumar the member of Block Panchayat 15.

Kavindra Kumar Singh, Son of Ranjit Singh the member of Block Panchayat

2/4 16.

Lalita Devi, Wife of Ashok Singh the member of Block Panchayat Samiti, 17.

Bhukhan Manjhi, Son of Late Birju Manjhi the member of Block Panchayat 18.

Baliram Yadav, Son of Rampal Yadav the member of Block Panchayat 19.

Pushpa Devi, Wife of Ganesh Prajapati the member of Block Panchayat 20.

Niraj Kumar, Son of Late Ramanand Sharma the member of Block 21.

Aman Kumar, Son of Rajiv Kumar the member of Block Panchayat Samiti, 22.

Lov Kush Sav, Son of Mithilesh Sav the member of Block Panchayat Samiti, 23.

Shambhu Kumar, Son of Baleshwar Singh the member of Block Panchayat 24.

Mamta Kumari, Wife of Sajjan Kumar the member of Block Panchayat 25.

Rumanti Devi, Wife of Munna Yadav the member of Block Panchayat 26.

Ranjay Singh, Son of Surendra Singh the member of Block Panchayat 27.

Nagmati Devi, Wife of Shiv Raj Das the member of Block Panchayat 28.

Rina Devi, Wife of Raju Mistri the member of Block Panchayat Samiti, 29.

Virendra Das, Son of Ganori Das the member of Block Panchayat Samiti, 30.

Suryakali Devi, Wife of Hare Ram Paswan the member of Block Panchayat

3/4 31.

Anita Kumari, Wife of Santosh Kumar the member of Block Panchayat 32.

Mahendra Paswan, Son of Yadu Ram the member of Block Panchayat 33.

Gaya Datt Sharma, Son of Late Dev Datt Singh the member of Block 34.

Amrit Lal Mani, Son of Raj Kumar Manjhi the member of Block Panchayat 35.

Ranjani Devi, Wife of Shivpujan Paswan the member of Block Panchayat 36.

Mitni Devi, Wife of Jitendra Yadav the member of Block Panchayat Samiti, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Raj, Advocate Mr. Aditya Raj, Advocate Mr. Subham Singh, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP-10 For Respondent No. 16 :

Mr. Mrigank Mauli, Sr. Advocate Mr. Rakesh Kumar Sharma, Advocate Mr. Amresh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-01-2024 Heard the parties.

2. Taking into consideration the communication made in 'Anneuxre-7', the petitioner had already been directed to convene a special meeting of 'No Confidence Motion' by fixing a date in accordance with the provision of Section 44 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act'), the elected members of the Panchayat Samiti if want a

4/4 motion of no confidence to be convened, they are required to be present on the date of meeting.

3. The meeting has to be convened in the manner prescribed by a Division Bench of this Court in L.P.A. No. 113 of 2020 (Dharamsila Kumari vs. Hemant Kumar & Ors.) particularly, in light of clarification made in paragraphs no. 58 and 59 of the said judgment.

4. The Block Development Officer-cum-Executive Officer in no manner is required to interfere with the meeting of 'No Confidence Motion', which is required to be held among the elected members, who are present on the date fixed for meeting.

5. Since the order has been passed in the open Court, learned counsel for the State is directed to communicate this order to all the state respondents for the needful without waiting for the order to be pronounced.

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

(Purnendu Singh, J) Niraj/- U