Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4840 of 2025 ====================================================== Bablu Kumar Son of Akalu Mandal, Resident of Udalkhut Kagisar, P.O.- Bhorsar, P.S.- Katoria, District- Banka, Bihar 814131 .. Petitioner

Versus

1.

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

2.

Secretary, Panchayati Raj Department, Government of Bihar at Patna. 3.

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

4.

The Officer on Special Duty, State Election Commission, 3rd floor, Sone Bhawan, Beer Chand Patel Path, Patna.

5.

District Magistrate-cum-District Election Officer (Panchayat), District6. The Block Development Officer-cum- Chief Executive Officer, Katoria Block Panchayat Samiti, Block Katoria, District Banka. 7.

Surendra Prasad Yadav, Son of Thakur Prasad Yadav, Residnt of Village Pipradih, P.O.- Bhorsar, P.S.- Katoria, District Banka, Presently Up-Pramukh of Block Panchayat Samiti, Katoria, district Banka. 8.

Rita Kumari, Wife of Rajeev Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 9.

Khushboo Kumari, Wife of Kuldip Kumar Tanti, the elected member of Block Panchayati Katoria, through the block development officer-cumexecutive officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District Banka.

10.

Parvathi Devi, Wife of Medhnarayan Mandal, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 11.

Poonam Devi, Wife of Sunil Kumar Sharma, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 12.

Anita Kumari, Wife of Suchit Kumar Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 13.

Manoj Kumar Das, Son of Shanichar Das, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 14.

Sheila Devi, Wife of Pawan Kumar Pandit, the elected member of Block

2/5 officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 15.

Ashok Kumar Mandal, Son of Ram Sundar Mandal, the elected member of Block Panchayati Katoria, through the block development officer-cumexecutive officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District Banka.

16.

Kiran Devi, Wife of Manoj Kumar, the elected member of Block Panchayati Katoria, through the block development officer-cum-executive officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District Banka. 17.

Arun Kumar Yadav, Son of Sadhu Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 18.

Chandeshwari Yadav, Son of Giridhari Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 19.

Virendra Kumar Panjiyara, Son of Kali Panjiyara, the elected member of Block Panchayati Katoria, through the block development officer-cumexecutive officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District Banka.

20.

Gopi Chand Yadav, Son of Ritlal Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.-Katoria, District 21.

Rupa Kumari, Wife of Manohan Kumar Singh, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 22.

Kankai Kumari, Wife of Mahesh Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.-Katoria, District 23.

Dhanraj Yadav, Son of late Kakti Yadav, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District 24.

Surendra Prasad Yadav, Son of Tarni Prasad Yadav, the elected member of Block Panchayati Katoria, through the block development officer-cumexecutive officer, block Panchayat Samiti, Katoria, P.O. and P.S.- Katoria, District Banka.

25.

Sitaram Murmu, Wife of Devnarayan Murmu, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S. - Katoria, District 26.

Anjala Hansda, Wife of Ganga Sorenap, the elected member of Block

3/5 officer, block Panchayat Samiti, Katoria, P.O. and P.S. - Katoria, District 27.

Ashtama Devi, Wife of Sitaram Mandal, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S. - Katoria, District 28.

Mahalal Murmu, Wife of Sami Murmu, the elected member of Block officer, block Panchayat Samiti, Katoria, P.O. and P.S. - Katoria, District ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. S.B.K. Mangalam, Sr. Adv. with Mr.Kislay Raj For the State :

Mr.Standing Counsel (16) For the SEC :

M/s Girish Pandey & Ravi Ranjan, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-11-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondent State Election Commission to conduct election on vacant seat of Pramukh of Katoria Block panchayat samiti which has fallen vacant since 03. 10-2024 after passing of no confidence motion against the petitioner.

ii. For a declaration that if a statute prescribes a particular act to be done in a particular manner it should be done in that manner alone or not at all and any other mode is not only necessarily prohibited but also constitute illegality. Thus, if the statute prescribes the Respondent Commission to

4/5 immediately conduct election of vacant seat of Pramukh and Up Pramukh, it should be done as prescribed.

iii. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner is entitled under the facts and circumstances of the case."

3. Without going into the merits or demerits of this case, the present Writ Petition is disposed of at the stage of admission with the consent of both the counsels.

4. Having regard to the fact that the only prayer sought for in the present Writ Petition by the writ petitioner is for holding the election for the post of Pramukh of Katoria Block Panchayat Samiti.

5. Having regard to the same, this Court is of the opinion that the ends of justice would be served if the Respondent No. 3 is directed to hold the elections to the post of Pramukh. It is pertinent to note that the petitioner who was working as Pramukh has been removed from the office on 03.10.2024 after passing no confidence motion against him. The authority is directed to see that necessary steps for holding elections the elections for the post of Pramukh are initiated as expeditiously as possible preferably within a period of four

5/5 weeks from today.

6. The learned counsel appearing on behalf of the State Election Commission shall inform the authorities about the passing of the present order and authority shall take necessary steps for holding the elections to the post of Pramukh in accordance with the provisions of the Act.

7. With the above directions, the Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U