Priya Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6247 of 2023 ====================================================== Priya Rani Wife of Rakesh Kumar Resident of Village-Juramanpur, Barari, P.S.-Juramanpur, District -Vaishali, Present up Parmukh, Ragho pur Block, Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.
3.
The Principal Secretary, Department of General Administration, Government of Bihar, Patna, 4.
The Director, Department of Panchayati Raj, Government of Bihar, Patna, 5.
The Joint Secretary, Department of Panchayati Raj, Government of Bihar, Patna, 6.
The Divisional Commissioner, Tirhut Division, Muzaffarpur. 7.
The District Magistrate, Vaishali.
8.
The District Panchayati Raj Officer, Vaishali. 9.
The Sub-Divisional Officer Cum Public Grievance Redress Officer, Hajipur, Vaishali.
10.
The Block Development Officer Cum Executive Officer, Raghopur, Vaishali. 11.
The Pramukh, Raghopur Block, Vaishali.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari, Advocate For the Respondent/s :
Mr.Ajay ( GA 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 12-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court CWJC No.6247 of 2023 dt.12-05-2023 2/3
2. The petitioner, being Up-Pramukh of Raghopur Block in the District of Vaishali, has filed this writ petition as a Public Interest Litigation (PIL) seeking directions for conducting an inquiry in alleged misappropriation and misuse of government funds meant for development of the Panchayat of Raghopur. Allegations have been levelled regarding misuse of funds by the Block Development Officer, Raghopur Block.
3. The Up-Pramukh (petitioner) is elected to the Panchayat Samiti constituted under Section 34 of the Act. The powers, functions and duties of the Up-Pramukh, vis-a-vis the Panchayat Samiti is also defined in Section 43 of the Act. If the petitioner, being an elected representative in the Panchayat Samiti, is of the opinion that there is any financial irregularity being conducted at the Block level, she is not helpless to raise the issues through the democratic process as per the Act.
4. We do not find any public interest concerning any marginalized/weaker/inarticulate person or group being espoused by the petitioner by way of the instant proceedings, for which, this writ petition be kept pending. We are also of the opinion that elected representatives cannot be permitted to indulge in local village politics through the PIL jurisdiction of this Court under the extraordinary discretionary jurisdiction
Patna High Court CWJC No.6247 of 2023 dt.12-05-2023 3/3 conferred by under Article 226 of the Constitution of India.
5. The writ petition is dismissed.
(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date 18-05-2023 Transmission Date