Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2336 of 2024 ====================================================== Suresh Paswan Son of Sudim Paswan, Resident of R.T. Mohan Ward no. 1, P.S. Forbesganj, District- Araria, presently Pramukh, Forbesganj Block, Panchayat Samiti, District- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The State Election Commission through its Secretary, 3rd Floor, Sone Bhawan, Beer Chand Patel Path, Patna.

3.

The District Magistrate-cum-District Election Officer (Panchayat), Araria 4.

The District Panchayat Raj Officer, Araria.

5.

The Block Development Officer-cum-Executive Officer, Panchayat Samiti, Forbesganj, Araria.

6.

Hasmun, Son of Kasim. Bathnaha Ward No. 1, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 7.

Ranjana devi, wife of Arun Mandal. Batnaha Ward No. 2, Ward Members of 8.

Jyoti Mishr, wife of Shishiv Mishra. Sahwajpur, Ward No. 3, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 9.

Neelam Devi, wife of Lalu Prasad Deo. Matiari, Ward No. 4, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 10.

Jamla Khatoon, wife of Salav. Papra Ward No. 5,Ward Members of 11.

Vinod Ram, son of Budhan Ram. Kusmaha, Ward No. 5,Ward Members of 12.

Bibi Kulsum Khatoon, wife of Naushad Ansari. Rampur North, Ward No. 7 13.

Jalila Khatoon, wife of Md. Nasimuddin Ansari. Rampur South, Ward No. 8, 14.

Priyanka Devi, wife of Arun Kumar Sah. Bhagkohlia, Ward No. 8, Ward 15.

Inamul Bhagkohlia, wife of Ansar Hussain. Ward No. 10, Ward Members of 16.

Sulechna Devi, wife of Kiran Kumar Sah. Amhara, Ward No. 11, Ward 17.

Pinki Devi, wife of Dilip Mabndal. Majhua, Ward No. 12, Ward Members of 18.

Amita Devi, wife of Sanjiv Chauhan. Kirkichia, Ward No. 13, Ward

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Usha Devi, wife of Birebndra Mandal. Khairkha, ward No. 16, Ward 20.

Roshan Kumar Singh, Son of Mahesh Prasad Singh. Khairkha, Ward No. 17, 21.

Ashmina Khatoon, wife of Azhar. Haripur, Ward No. 18 Ward Members of 22.

Sanaullah, wife of Kalam Hussain. Haripur, Ward No. 19, Ward Members of 23.

Om Prakash Paswan, son of Adhik Lal Paswan. Mushari, Ward No. 20, Ward 24.

Vijay Bishwas, son of Ram Prasad Biswas. Mushari, Ward No. 21, Ward 25.

Bhupendra Prasad Yadav, Son of Ram Dhari Yadav. Pothial, Ward No. 22, 26.

Shama Pravin, wife of Md. Zami. Pothia, Ward No. 23, Ward Members of 27.

Shams Tarvej, wife of Narul Hoda. Tirashkund, Ward No. 24, Ward 28.

Upendra Kumar Soren, son of Baddu Soren. 28. Tirashkund, Ward No. 25,Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria.

29.

Geeta Devi, wife of Vidyanand Paswan. Halhalia, Ward no. 26, Ward 30.

Subeda, wife of Md. Zaliluddin. Ramai, Ward No. 27, Ward Members of 31.

Vidyanand Bahradar, Son of Babhu Balardar. Parwaha, Ward No. 28, Ward 32.

Sonu Sangam, son of Vijay Kumar Keshri. Parwaha, Ward No. 29, Ward 33.

Chandra Devi, Son of Onkil Sardar. Ardraha, Ward No. 30, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 34.

Panchanand Ram, son of Anup Lal Ram. Saifganj, Ward No. 31,Ward 35.

Slwa Khatoon, wife of Yakub Alam. Miorjapur, Ward No. 32, Ward 36.

Abhyanand Anand, son of Giranand Anand. Mirjapur, Ward No. 33, Ward 37.

Pramod Kumar Mehta, Son of Bindeshwari Prasad Mehta. Jhirua West Ward No. 34, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria.

38.

Gulam Sarwar, wife of Shera Gurudin. Jhirua West, Ward No. 35, Ward

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Abullag son of Gulam Rashul. Jhirua East, Ward No. 36, Ward Members of 40.

Sunil Kumar Paswan, Son of Bechan Paswan. Jhirua East, Ward No. 37, 41.

Halima Khatoon, wife of Ekbal. Aawarahi West, Ward No. 38, Ward 42.

Neelam Devi, wife of Damodar Tatma. Aawrahi East, Ward No. 39, Ward 43.

Amrul, son of Fakir Alam. Aawrahi East, Ward No. 40, Ward Members of 44.

Dilip Kumar Rishidev, son of Rajiv Kumar Rishidev. Khawaspur, Ward No. 41, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria.

45.

Chanki, son of Imam. Bokaha, Ward No. 42, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 46.

Sunauna Devi alias Sunaina Devi, wife of Birendra Rishidev. Rahidkpur, Dhila Mohanpur, Ward No. 43, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria. 47.

Mohammad Aashique, Son of Enpas. Dori Sonapur, Ward No. 44,Ward 48.

Mohammad Alam, Son of Md. Najjamuddin. Katur Nijami, Doria Sonapur Ward No. 45, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria.

49.

Mohammad Hashibur Rahman, Son of Late Mirzamil. Dholbaja, Ward no. 14, Ward Members of Panchayat Samiti, Forbesganj, P.S.- Forbesgan, District- Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh. Advocate.

For SEC :

Mr. Girish Pandey, Advocate.

For the State :

Mr. Swapnil Kumar Singh, AC to GP-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-02-2024 Heard Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Girish Pandey, learned counsel for the State Election Commission and Mr. Swapnil Kumar Singh, learned AC to GP-19 for the State.

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2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had participated in the special meeting of 'No Confidence Motion' which was held on 11.01.2024 and election has been notified to be held on 27.02.2024.

3. Considering the aforesaid submission, the writ petition stands disposed of considering the fact that the petitioner once having participated in the special meeting of 'No Confidence Motion' on 11.01.2024 has waived his right to challenge the proceeding of 'No Confidence Motion', however the petitioner is still elected member of the Panchayat Samiti, he may participate in the election which has been notified to be held on 27.02.2024.

(Purnendu Singh, J) mantreshwar/- U