Aditi Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3101 of 2026 ====================================================== Aditi Kumari, wife of Rajiv Kumar Bhandari, resident of Village and Post Ranjitpur, Ward No. 11, P.S. Puroura, District Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Old Secretariat Building, Patna. 2.

The Commissioner cum Dy. Director, Panchayati Raj, Tirhut Division, Muzaffarpur.

3.

The District Magistrate, Sitamarhi.

4.

The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Sitamarhi.

5.

Sanjha Devi, wife of Sri. Narayan Singh, resident of Mohalla Majhaulia, Mome Factory Campus, Near Kabristan, Ward No. 27, P.O. GPO, P.S. Bhagwanpur, District Muzaffarpur. Presently Vice-Chairman, Zila Parishad, Sitamarhi, District Sitamarhi.

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

For the Petitioner/s :

Mr. Jai Vardhan Narayan, Advocate For the State :

Mr. Sajid Salim Khan, SC- 25 For the Zila Parishad :

Mr. Ranjeet Kumar Pandey, Advocate For Respondent no.5 :

Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the Zila Parishad, Sitamarhi and learned counsel for the respondent no.5.

2. The petitioner has filed the instant application for the following reliefs:

"1. I. Issue a writ of certiorari for quashing and setting aside the impugned order dated

2/4 14.02.2026 passed in Lok Prahari Case No. 12 of 2025 by the Lok Prahari-cum-Divisional Commissioner, Tirhut Division, Muzaffarpur, recommending removal of the petitioner from the post of Adhyaksha/Chairman of the Zila Parishad, Sitamarhi under Section 70(5) of the Bihar Panchayat Raj Act, 2006, as being arbitrary, perverse, and unsustainable in law.

II. Issue a writ of mandamus declaring that the petitioner continues to hold the office of Adhyaksha/Chairman of the Zila Parishad, Sitamarhi, and directing the respondents to permit her to discharge her duties and functions in accordance with law.

III. Issue a writ of certiorari or any other appropriate writ, order or direction for setting aside the findings recorded by the Lok Praharicum-Divisional Commissioner in the aforesaid case, which are contrary to the material on record and violative of principles of natural justice.

IV. Issue a writ of mandamus or any other appropriate writ, order or direction commanding

3/4 the respondents not to give effect to the impugned recommendation of removal and to ensure that the petitioner is allowed to function as Adhyaksha/Chairman of the Zila Parishad, Sitamarhi without hindrance.

V. Pass such other writ(s), order(s), or direction(s) as may be deemed fit and proper in the interest of justice, equity, and fair play."

3. After hearing the parties, by order dated 10.3.2026, while directing the respondents to file their counter affidavit in the case, this Court had directed that during pendency of this application, the respondent-State of Bihar shall not take further steps pursuant to the recommendation made by the order impugned dated 14.2.2026 passed in Lok Prahari Case no. 12 of 2025.

4. It transpires from letter no.4198 dated 12.3.2026 that a notice had been issued to the petitioner by the Officer on Special Duty, Panchayati Raj Department, Government of Bihar to appear before the Secretary, Panchayati Raj Department, Bihar on 18.3.2026 at 11 am to place his case.

5. The said date for appearance i.e. 18.3.2026 has long passed.

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6. In view of the facts and circumstances of the case, the writ application is disposed of directing both the petitioner as also the other respondents including respondent no.5 to appear before the Secretary, Panchayati Raj Department, Government of Bihar on 22.4.2026 at 11 am on which date, the respondent concerned shall fix a date for hearing the parties.

7. After hearing the parties, the Secretary, Panchayati Raj Department, Government of Bihar shall decide the matter in question with respect to the petitioner within a period of six weeks.

8. In case of the petitioner being aggrieved by the order passed, the petitioner will be at liberty to challenge the said order as also the order impugned herein in an appropriate application.

9. It is made clear that the Court has not entered into the merits of the case of the petitioner which is to be decided by the Secretary, Panchayati Raj Department, Government of Bihar.

10. The writ application stands disposed of.

(Partha Sarthy, J) sauravkrsinha/- U