Shambhu Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3956 of 2024 ====================================================== Shambhu Kumar Sahu S/o-Ram Chandra Sahu Resident of Village and Post -Sisodih P.S.-Mabbi O.P. Sadar Darbhanga, District-Darbhanga, Presently Pramukh of Block Panchyat Samiti, Darbhanga Sadar, District-Darbhanga. ... ... Petitioner/s

Versus

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, Darbhanga, District-Darbhanga. 4.

The District Panchayat Raj Officer, Darbhanga, District-Darbhanga. 5.

The Sub-Divisional Officer, Darbhanga, District-Darbhanga. 6.

The Block Development Officer-Cum-Executive Officer-Cum-Executive Officer, Block Panchayat Samiti Sadar Darbhanga, District-Darbhanga. 7.

The Block Panchayat Raj Officer, Darbhanga, District-Darbhanga. 8.

The State Election Comission, through the Secretary, 3rd Floor Sone Bhawan Patna.

9.

Rakesh Kumar Raushan Son of not Known to the Petitioner, Presently UpPramukh of Block Panchayat Samiti Darbhanga Sadar, P.O.-Kabir Chak, P.S.-Sadar, District-Darbhanga. the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block Development officer-CumExecutive Officer Block Panchayat Samiti Samiti Darbhanga Sadar, P.O.- Kabirchak, P.S.-Sadar, District-Darbhanga.

10.

Poonam devi Wife of Not Known to the Petitioner the Elected Members of 11.

Tabrej Alam Son of Not Known to the Petitioner the Elected Members of 12.

Priya Sinha Wife of not Known to the Petitioner the Elected Members of 13.

Uday Kumar Sahni Son of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 14.

Nushrat Praveen Wife of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block

2/6 15.

Pappu Kumar Paswan Son of Not Known to the Petitioner the Elected 16.

Aasha Devi Wife of not Known to the Petitioner the Elected Members of 17.

Dinesh Yadav Son of Not Known to the Petitioner the Elected Members of 18.

Seema Devi Wife of not Known to the Petitioner. the Elected Members of 19.

Kaushal Kumar Son of not Known to the Petitioner. the Elected Members of 20.

Aarti Kumari Wife of not Known to the Petitioner the Elected Members of 21.

Kanchan Devi Wife of not Knwon to the Petitioner. the Elected Members of 22.

Manju Devi Wife of not Known to the Petitioner. the Elected Members of 23.

Shelo Devi Wife of not Known to the Petitioner. the Elected Members of 24.

Sita Ram Yadav Son of not Known to the Petitioner. the Elected Members of 25.

Keshri Yadav Son of not Known to the Petitioner. the Elected Members of 26.

Raushan Kumar Chaudhary not Known to the Petitioner the Elected

3/6 27.

Sudhir Kumar Sinha Son of not Known to the Petitioner the Elected 28.

Mosima Khatoon Wife of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 29.

Raj Kumar Paswan Son of not Knwon tothe Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 30.

Raju Paswan Son of not Known to the Petitioner the Elected Members of 31.

Md. Irfan Son of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block Development officerCum-Executive Officer Block Panchayat Samiti Samiti Darbhanga Sadar, P.O.-Kabirchak, P.S.-Sadar, District-Darbhanga. 32.

Akthar Durrani Son of not Known to the Petitioner the Elected Members of 33.

Ummati Begum Wife of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 34.

Firdaus Khatoon Wife of not Known to the Petitioner. the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 35.

Runa Devi Wife of not Known to the Petitioner. the Elected Members of 36.

Nikhat Khatoon Wife of not Known to the Petitioner. the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 37.

Sabana Khatoon Wif e of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block 38.

Nasreen Praveen Wife of not Known to the Petitioner the Elected Members of Block Panchayat Samiti Darbhanga Sadar through the Block

4/6 39.

Lalbahadur Paswan Son of not Known to Petitioner the Elected Members of 40.

Shila Devi Wife of Not Known to the Petitioner the Elected Members of 41.

Radhe Shayam Paswan Son of not Known to the Petitioner the Elected ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam, Adv For the State :

Mr. Amit Prakash, G.A.-13 For the S.E.C.

:

Mr. Ravi Ranjan with Mr. Girish Pandey, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2024 Heard Mr. S.B.K. Manglam, learned counsel for the petitioner, learned counsel for the State and learned counsel for the State Election Commission.

2. The present writ petition has been filed for the following reliefs:- "(i) for quashing the requisition dated 04.01.2024(Annexure-P-2) signed by 20 elected members of Darbhanga Sadar Block Panchayat Samiti and addressed to the petitioner as well as Respondent no.6 but directly submitted in the office of Respondent no.6 on 04.01.2024 whereby and where under the members of the Block Panchayat Samiti had made a request from the petitioner to fix

5/6 the date of Special Meeting of the Block Panchayat Samiti for consideration of their No Confidence Motion against the petitioner.

(ii) for quashing the notice dated 11.01.2024 issued under the signature of the Respondent no.6 and contained in his letter no.53 dated 11.01.2024 (Annexure-P3&3/1) whereby and where under the Respondent no.6 has been pleased to request the elected members of Block Panchayat Samiti, Darbhanga Sadar to attend the special meeting of Block Panchayat Samiti convened on 18.01.2024.

(iii) for quashing the resolution passed and decision taken there under in the meeting of the Block Panchayat Samiti, Darbhanga Sadar which was held on 18.01.2024 (Annexure-P-4) in which the No- Confidence motion against the petitioner has been passed.

(iv) for quashing the memo no.483 dated 09.02.2024 issued by the Respondent no.8 fixing/notifying the date of a fresh election for the post of pramukh of Block Panchayat Samiti, Darbhanga Sadar on 27.02.2024 and consequential notice issued by the respondent no.5 (Annexure-P-5&6)."

3. From perusal of the writ petition, it appears that the notice and subsequent letter issued were challenged by which a fresh election of Pramukh of Block Panchayat Samiti, Darbhanga Sadar to be held on 27.02.2024 (Annexure-P/6),

6/6 prayer was made to set aside.

4. Learned State counsel has filed counter affidavit on behalf of respondent nos. 3 to 7 and submits that on 27.02.2024 election took place and one Uday Kumar Sahni, respondent no. 13 has been elected as Pramukh. It is the joint contention of the both the State counsel and also the State Election Commission that the said election of respondent no. 13 has not been challenged by this petition. In that background, the present writ petition has now become infructuous and is fit to be dismissed.

5. Mr. S.B.K. Manglam, learned counsel for the petitioner submits that he will be exploring options and as such liberty be granted.

6. Liberty will be always with the petitioner to take the matter further and/or explore the possibility of challenging the orders that has come.

7. The writ petition stands disposed of with the aforesaid observations.

(Rajiv Roy, J) Arish/- U T