Munni Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2211 of 2024 Ranjan Kumari Tiwari Wife of Jitesh Kumar Tiwari Resident of VillageMajha Imliya Purvi P.O. Ganesh Asthan Manjha, P.S. Fulwariya, DistrictGopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretay, Government of Bihar, Patna. 2.
The Additional Chief Secreary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The District Magistrate, Gopalganj, District-Gopalganj. 4.
The District Panchayati Raj Officer, Gopalganj, District-Gopalganj. 5.
The Sub-Divisional Officer, Hathua, District-Gopalganj. 6.
The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, District-Gopalganj.
7.
Munni Khatun Wife of Md. Sarfaraz Miyan the Elected Members of Block Panchayat Samiti, Fulwaria through the Block Development Officer-CumFulwaria, District-Gopalganj. 8.
Prabhawati Devi Wife of not Known to the Petitioner, the Elected Members of Block Panchayat Samiti, Fulwaria through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
9.
Chhathu Sah Son of Not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
10.
Fatma Begum Wife of not Knwon to the Petitioner the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
11.
Asha Devi Wife of not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
12.
Akbar Ali Son of not Known to the Petitioner the Elected Members of Block Panchayat Samiti, Fulwaria through the Block Development Officer-CumFulwaria, District-Gopalganj. 13.
Pappu Ram Son of not Known to the Petitioner the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
14.
Tabassum Ara Wife of not Known to the Petitioner, the Elected Members of
2/6 Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
15.
Vijay Pratap Gupta Son of not Known to the Petitioner, the Elected Members of Block Panchayat Samiti, Fulwaria through the Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj. 16.
Pramod Sah Son of not Known to the Petitioner the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
17.
Birendra Pandit Son of not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
18.
Kishandev Sah Son of not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
19.
Rani Devi Wife of Not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
20.
Amin Ansari Son of not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
21.
Indra Devi Wife of not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
22.
Anumpa Devi Wife of Not Known to the Petitioner, the Elected Members of Cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District-Gopalganj.
23.
The State Election Commission, through Secretary State Election Commission 3rd Floor Sone Bhawan, Patna.
... ... Respondent/s with Civil Writ Jurisdiction Case No. 2212 of 2024 Munni Khatun Wife of Md. Sarfaraz Miyan, resident of village- Pandey Parsa, P.O. Bhagwat Parsa, P.S. - Fulwaria, District - Gopalganj. ... ... Petitioner/s
Versus
3/6 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, Gopalganj, District- Gopalganj. 4.
The District Panchayat Raj Officer, Gopalganj, District- Gopalganj. 5.
The Sub-Divisional Officer, Hathua, District- Gopalganj. 6.
The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Fulwaria, District- Gopalganj.
7.
Ranjan Kumari Tiwari Wife of Jitesh Kumar Tiwari, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
8.
Prabhawati Devi, wife of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
9.
Chhathu Sah, Son of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 10.
Fatma Begum, wife of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 11.
Asha Devi, Wife of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 12.
Akbar Ali, Son of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 13.
Pappu Ram, Son of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 14.
Tabassum Ara, Wife of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
15.
Vijay Pratap Gupta, Son of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
16.
Pramod Sah, Son of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cum-
4/6 Fulwaria, District- Gopalganj.
17.
Birendra Pandit, Son of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
18.
Kishandev Sah, Son of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
19.
Rani Devi, Wife of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 20.
Amin Ansari, Son of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 21.
Indra Devi, Wife of not known to the petitioner, Elected member of Block Panchayat Samiti, Fulwaria through the Block Development Officer-cumFulwaria, District- Gopalganj. 22.
Anumpa Devi, Wife of not known to the petitioner, Elected member of cum-Executive Officer, Block Panchayat Samiti, Fulwaria, P.O. and P.S. Fulwaria, District- Gopalganj.
23.
The State Election Commission, through Secretary State Election Commission, 3rd Floor, Sone Bhawan, Patna.
... ... Respondent/s Appearance :
(In Civil Writ Jurisdiction Case No. 2211 of 2024) For the Petitioner/s :
Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For Private Respondents :
Mr. Y.V. Giri, Sr. Advocate Mr. Devashish Giri, Advocate For the State :
Mr. Jitendra Kumar Roy-1, SC-13 Mr. U.K. Singh, AC to SC-13 For S.E.C.
:
Mr. Ravi Ranjan, Advocate (In Civil Writ Jurisdiction Case No. 2212 of 2024) For the Petitioner/s :
Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For Private Respondents :
Mr. Y.V. Giri, Sr. Advocate Mr. Devashish Giri, Advocate For the State :
Mr. Mithilesh Kumar Singh, AC to SC-15 For S.E.C.
:
Mr. Ravi Ranjan, Advocate CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
5/6 ORAL ORDER 28-03-2024 Heard Mr. S.B.K. Mangalam, learned counsel along with Mr. Awnish Kumar, learned counsel appearing on behalf of the petitioners in both the cases; Mr. Y.V. Giri, learned senior counsel assisted by Mr. Devashish Giri, learned counsel appearing on behalf of the private respondent/s in both the cases; Mr. Ravi Ranjan, learned counsel appearing on behalf of the State Election Commission in both the cases and Mr. Jitendra Kumar Roy-1, learned SC-13 appearing on behalf of the State in CWJC No. 2211 of 2024 and Mr. Mithilesh Kumar Singh, AC to SC-15 for the State in CWJC No. 2212 of 2024.
2. Petitioners have challenged the requisition dated 30.12.2023 after the date of election for the post of Pramukh and Up-Pramukh has been announced by the State Election Commission.
3. No reason has been assigned for delay in approaching this Court. Remedy under Article 226 is an efficacious remedy. No steps were taken by the petitioners just after the requisition dated 30.12.2023 was communicated to them, which according to the petitioners is rooted out and in this regard, petitioners have relied on paragraph no. 11 of the judgment passed by a Division Bench of this Court in case of Sheikh Hassmuddin & Anr. vs. the State of Bihar and Ors.
6/6 reported in (2015) 3 PLJR 203.
4. The writ petitions deserve to be dismissed for having approached this Court after delay of nearly three months after the requisition dated 30.12.2023, was communicated to the petitioners and also in view of the fact that elections for the post of Pramukh and Up-Pramukh have been notified. (Purnendu Singh, J) Niraj/- U