Pinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2210 of 2024 ====================================================== Pinki Kumari Wife of Prem Kumar Sinha, Permanent Resident of VillageMaheshpur, P.S- Chandi, District- Nalanda, Bihar, at present Nav Bihar Colony, Transport Nagar, Sampatchak, P.S. Sampatchak, District-Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.
2.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The Divisional Commissioner, Patna.
4.
The District Magistrate, Nalanda.
5.
The District Development Commissioner-cum-Executive Officer, Zila Parishad, Nalanda.
6.
Ajay Kumar, son of not known to the petitioner, Resident of VillageMakhdumpur, P.O. and P.S. Karaiparsurai, District- Nalanda. 7.
Archana Kumari, wife of not known to the petitioner, Resident of VillageMahadipur, P.O. Tina, P.S. Nagarnausa, District- Nalanda. 8.
Sanjay Kumar, son of not known to the petitioner, Resident of Village- Lohanda, P.O. Dahbigha, P.S. Hilsa, District- Nalanda. 9.
Pammi Kumari, wife of not known to the petitioner, Resident of VillageGondu Bigha, P.O. Gondubigha, P.S. Chiksaura, District- Nalanda. 10.
Gayatri Devi, wife of not known to the petitioner, Resident of Village- Injora, P.O. and P.S. Ekangarsarai, District- Nalanda. 11.
Uma Devi, wife of not known to the petitioner, Resident of VillageKadilpur, P.O. Narayanpur, P.S. Ekangarsarai, District- Nalanda. 12.
Archana Sinha, wife of not known to the petitioner, Resident of VillageMuzafffara, P.O. Bardih, P.S. Islampur, District- Nalanda. 13.
Tanuja Kumari, wife of not known to the petitioner, Resident of VillageVishnupur, P.O. Ranipur, P.S. Islampur, District- Nalanda. 14.
Anuradha Devi, wife of not known to the petitioner, Resident of VillagePanhar, P.O. Panhar, P.S. Khodaganj, District- Nalanda. 15.
Nutan Devi, wife of not known to the petitioner, Resident of Village and P.O. Bhui, P.S. Silao, District- Nalanda.
16.
Baby Devi, wife of not known to the petitioner, Resident of Village and P.O. Barakar, P.S. Silao, District- Nalanda.
17.
Navita Sinha, wife of not known to the petitioner, Resident of Village and P.O. Nanand, P.S. Silao, District- Nalanda.
2/4 18.
Punam Sinha, wife of not known to the petitioner, Resident of VillageChhotki Ant, P.O. Badki Ant, P.S. Ben, District- Nalanda. 19.
Priti Devi, wife of not known to the petitioner, Resident of Village Govindpur Beldarari, P.O. Badara, P.S. Nursarai, District- Nalanda. 20.
Juli Kumari, wife of not known to the petitioner, Resident of Village-Saidi, P.O. Nursarai, P.S. Nursarai, District- Nalanda. 21.
Udai Nandan Prasad, son of notknown to the petitioner, Resident of Village and P.O. Dhanawan, P.S. Parwalpur, District- Nalanda. 22.
Amit Kumar Raj, son of not known to the petitioner, Resident of Village- Atwal Chak, P.O. Madhopur, P.S. Chandi, District- Nalanda. 23.
Niranjan Kumar, son of not known to the petitioner, Resident of VillageGiridharchak, P.O. Sirnama, P.S. Haranut, District- Nalanda. 24.
Kamlesh Paswan, son of not known to the petitioner, Resident of Village and P.O. Daytupur, P.S. Chandi, District- Nalanda. 25.
Mamta Devi, wife of not known to the petitioner, Resident of Village- Ramsang, P.O. Harnaut P.S. Harnaut, District- Nalanda. 26.
Tusi Devi, wife of not known to the petitioner, Resident of Village- Bishunpur, P.O. Utarnama, P.S. Rahui, District- Nalanda. 27.
Kirti Devi, wife of not known to the petitioner, Resident of Village- Nijaai, P.O. Sonsa, P.S. Rahui, District- Nalanda.
28.
Bipin Kumar, son of not known to the petitioner, Resident of Village ,P.O. and P.S. Bind, District- Nalanda.
29.
Narottam, son of not known to the petitioner, Resident of Village- Kotara, P.O. Gopalbad, P.S. Sarmera, District- Nalanda. 30.
Ashok Kumar Singh, son of not known to the petitioner, Resident of VillageTora, P.O. and P.S. Sarmera, District- Nalanda. 31.
Purushottam Kumar Sinha, son of not known to the petitioner, Resident of Village- Dayamchak, P.O. Kailapur, P.S. Saare, District- Nalanda. 32.
Pankaj Kumar, son of not known to the petitioner, Resident of VillageMolna Bigaha, P.O. Onda, P.S. Saare, District- Nalanda. 33.
Ajay Kumar, son of not known to the petitioner, Resident of Village - Fatehpur, P.O, Ugawan, P.S. Asthawan, District- Nalanda. 34.
Geeta Devi, wife of not known to the petitioner, Resident of Village and P.O. Nakatpura, P.S. Bihar, District- Nalanda.
35.
Mamta Kumari, wife of not known to the petitioner, Resident of Village and P.O. - Raitar, P.S. Giriyak, District- Nalanda. 36.
Anita Devi, wife of not known to the petitioner, Resident of Village- Tetarwan P.O. Tetarwan, P.S. Manpur, District- Nalanda. 37.
Mano Devi, wife of not known to the petitioner, Resident of VillageKeshopur, P.O. Keshorpur, P.S. Hisla, District- Nalanda. 38.
Kaushlendra Prasad, son of not known to the petitioner, Resident of Village-
3/4 Maira, P.O. Maira Barit, P.S. Katri Sarai, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigank Mauli, Sr. Advocate Mr.Hansraj, Advocate For the Respondent/s :
Mr.Government Advocate 5 For the Zila Parishad :
Mr. Awadhesh Prasad Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 06-02-2024 Heard the parties.
2. With the consent of the parties, the present writ petition is being disposed of at the stage of Admission itself.
3. Learned counsels appearing on behalf of the petitioner and the respondents are present and they jointly pray that the matter be referred before the District Magistrate-cum-Collector to exercise his power under Section 63(2) of Bihar Panchayat Raj Act, 2006.
4. The District Magistrate is required to call for the audit report for the period during which the petitioner was in office to ascertain the gravity of the charge against the petitioner and examine the role of the Deputy Development Commissioner-cum-Executive Officer, and pass a reasoned order in accordance with law after giving due opportunity of hearing to the affected parties.
5. The Deputy Development Commissioner-cumChief Executive Officer, Zila Parishad, District, Nalanda must
4/4 not interfere in any manner, while the special meeting is being held and Presiding Officer nominated by the House must ensure fair play and follow the democratic process in declaration of the result in accordance with the provision of Section 63(2) of the Bihar Panchayat Raj Act, 2006.
6. With the above observation/direction, the present writ petition stands disposed of.
7. Since the order has been passed in the open Court, learned counsel appearing on behalf of the State is directed to communicate this order to all the respondents for the needful. (Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2024 Transmission Date NA