Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3376 of 2026 ====================================================== 1.

Anita Devi Wife of Manoj Kumar, Resident of Main Road, Near Panjab National Bank, P.O. and P.S. Fatehpur, District- Gayaji, presently Pramukh of Block Panchayat Samiti, Fatehpur, District- Gayaji. 2.

Randhir Kumar @ Randhir Prasad, Son of Laljit Kumar Singh, Resident of village- Halimchak, P.O. Ekamba, P.S. Fatehpur, District- Gayaji, presently Up-Pramukh of Block Panchayat Samit, Fatehpur, District- Gayaji. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

The District Magistrate, Gayaji, District- Gayaji. 4.

The Sub-Divisional Officer, Gayaji District- Gayaji. 5.

The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Fatehpur, P.O. and P.S. Fatehpur, District- Gayaji. 6.

Bigan Chaudhary, son of not known to the petitioners, the elected members 7.

Dilip Kumar, Son of not known to the petitioners, the elected members of 8.

Sonma Devi, Wife of not known to the petitioners, the elected members of 9.

Rina Devi, Wife of not known to the petitioners, the elected members of 10.

Munni Devi, Wife of not known to the petitioners, the elected members of 11.

Ramanti Devi, Wife of not known to the petitioners, the elected members of 12.

Ranju Devi, Wife of not known to the petitioners, the elected members of

2/5 13.

Rita Devi, Wife of not known to the petitioners, the elected members of 14.

Girja Devi, Wife of not known to the petitioners, the elected members of 15.

Kumari Umda, Wife of not known to the petitioners, the elected members of 16.

Kalo Devi, Wife of not known to the petitioners, the elected members of 17.

Usha Devi, Wife of not known to the petitioners, the elected members of 18.

Pramod Paswan, Son of not known to the petitioners, the elected members of 19.

Rajesh Kumar, Son of not known to the petitioners, the elected members of 20.

Mukesh Kumar, Son of not known to the petitioners, the elected members of 21.

Arvind Rajbansh, Son of not known to the petitioners, the elected members 22.

Ranju Kumari, wife of not known to the petitioners, the elected members of 23.

Kamla Devi, Wife of not known to the petitioners, the elected members of 24.

Jalsi Devi, Wife of not known to the petitioners, the elected members of

3/5 25.

Anita Devi, Wife of not known to the petitioners, the elected members of 26.

Renuka Chaudhary, Wife of not known to the petitioners, the elected members of Block Panchayat Samiti, Fatehpur through the Block Development Officer -cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S. Fatehpur, District- Gayaji. 27.

Gudiya Kumari, Wife of not known to the petitioners, the elected members 28.

Shankar Kumar, Son of not known to the petitioners, the elected members of ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Gaurav, Advocate Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2026

1. The petitioners have filed the instant application for the following reliefs:

"1. (I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the requisition dated NIL singed by 14 elected members of the Block Panchayat Samiti, Fatehpur in the District of Gayaji which was forwarded to the petitioner no.1 by the Respondent no.5 on 21.02.2026, whereby and where under the requisitionists have requested for convening the special meeting of Block Panchayat

4/5 Samiti for consideration of No Confidence Motion against the petitioners.

(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the letter dated 24.02.2026 issued under the signature of the Respondent no.5 and contained in his letter no.213 dated 24.02.2026, whereby and where under, he has been pleased to request the petitioner no.2 for fixing the date of special meeting for consideration of No Confidence Motion against the writ petitioners on failure of the petitioner no.1 to fix the date of special meeting though she was requested by the Respondent no.5 vide his letter no.204 dated 21.02.2026.

(III) For a declaration that since the requisition dated NIL is routed through the Executive Officer and it has not been presented before the petitioner no.1 in the manner prescribed under Section 44 (3) (i) of the Bihar Panchayat Raj Act,2006 (hereinafter referred to as the Gram Panchayat Act), the requisition is not a legal requisition in the eye of law and no special meeting can be convened in pursuance of the same for consideration of No Confidence Motion against the petitioners.

(IV) For issuance of any other appropriate writ/writs, order/orders,

5/5 direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case."

2. Mr. Kumar Gaurav, learned counsel on instructions prays to withdraw this application.

3. The application is dismissed as withdrawn. (Partha Sarthy, J) sauravkrsinha/- U