Smt. Nilopher Yashamin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7275 of 2020 ====================================================== Smt. Nilopher Yashamin Wife of Md. Khurshid Alam Resident of VillageLadaura, Police Station- Kurhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

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

3.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.

The District Magistrate, Muzaffarpur.

5.

The District Panchayat Raj Officer, Muzaffarpur. 6.

The Sub- Divisional Officer, Purvi, District- Muzaffarpur. 7.

The Block Development Officer, Kurhani -cum- Executive Officer, Block Panchayat Samiti, Kurhani, District- Muzaffarpur. 8.

Smt. Reeta Devi Wife of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No.-01, the member of Block Panchayat 9.

Shri Amarendra Choudhary Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-02, the member of Block 10.

Smt. Shiva Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -03, the member of Block Panchayat 11.

Shri Raja Babu Gupta Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -04, the member of Block Panchayat 12.

Smt. Geeta Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -06, the member of Block Panchayat 13.

Shri Jitesh Kumar Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -07, the member of Block Panchayat 14.

Smt. Jagiya Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -08, the member of Block Panchayat

2/7 15.

Smt. Manju Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -09, the member of Block Panchayat 16.

Shri Umesh Kumar Raj Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -10, the member of Block Panchayat 17.

Shri Prabhat Singh Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -11, the member of Block Panchayat 18.

Smt. Rekha Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -12, the member of Block Panchayat 19.

Shri Pramod Kumar Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -14, the member of Block Panchayat 20.

Smt. Shila Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -15, the member of Block Panchayat 21.

Smt. Usha Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -16, the member of Block Panchayat 22.

Shri Ramesh Kumar Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -17, the member of Block Panchayat 23.

Smt. Pramila Devi Wife of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No. -18, the member of Block Panchayat 24.

Smt. Savita Devi Wife of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No. -19, the member of Block Panchayat 25.

Smt. Kamini Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -20, the member of Block Panchayat 26.

Smt. Ruby Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -22, the member of Block Panchayat

3/7 27.

Shri Gauri Shankar Singh Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -23, the member of Block 28.

Shri Ram Lal Paswan Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -24, the member of Block Panchayat 29.

Smt. Pinki Mahto Wife of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No. -25, the member of Block Panchayat 30.

Smt. Shanti Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -26, the member of Block Panchayat 31.

Smt. Punam Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -27, the member of Block Panchayat 32.

Shri Dilip Kumar Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -28, the member of Block Panchayat 33.

Shri Manoj Paswan Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -29, the member of Block Panchayat 34.

Shri Gopal Choudhary Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -30, the member of Block Panchayat 35.

Shri Sanjay Sahni Son of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No. -31, the member of Block Panchayat 36.

Shri Bhila Mahto Son of not known to the petitioner Panchayat Samiti Sadasya, Panchayat Samiti Area No. -32, the member of Block Panchayat 37.

Smt. Sanju Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No. -33, the member of Block Panchayat 38.

Smt. Soni Devi Wife of not known to the petitioner, Panchayat Samiti

4/7 Sadasya, Panchayat Samiti Area No. -34, the member of Block Panchayat 39.

Smt. Shamshad Begum, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-35, the member of Block 40.

Smt. Rita Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-36, the member of Block Panchayat 41.

Smt. Lalita Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-37, the member of Block Panchayat 42.

Shri Chand Babu, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-38, the member of Block Panchayat 43.

Smt. Rekha Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-39, the member of Block Panchayat 44.

Smt. Ranjita Chaurasiya, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-40, the member of Block 45.

Smt. Mundrika Devi Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-41, the member of Block Panchayat 46.

Smt. Manju Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-42, the member of Block Panchayat 47.

Shri Mundrika Sahni, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-43, the member of Block Panchayat 48.

Shri Ahmad Raza Siddiqi, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-44, the member of Block 49.

Shri Yogendra Kumar Choudhary, Son of not known to the petitioner,

5/7 Panchayat Samiti Sadasya, Panchayat Samiti Area No.-45, the member of Block Panchayat Samiti, Kurhani, through the Block Development Officer, 50.

Shri Vishwanath Prasad, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-46, the member of Block 51.

Shri Sanjay Singh, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-47, the member of Block Panchayat 52.

Smt. Asha Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-48, the member of Block Panchayat 53.

Shri Lalan Kumar Ram, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-49, the member of Block 54.

Shri Akhilesh Tiwari, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-50, the member of Block Panchayat 55.

Shri Satish Kumar Singh, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-51, the member of Block 56.

Smt. Ranjana Devi, Wife of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-52, the member of Block Panchayat 57.

Shri Chandradeep Das, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-53, the member of Block Panchayat 58.

Shri Upendra Kumar, Son of not known to the petitioner, Panchayat Samiti Sadasya, Panchayat Samiti Area No.-54, the member of Block Panchayat ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navendu Kumar

6/7 For the Respondent/s :

Mr.Lalit Kishore, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-08-2020 Heard Mr. Navendu Kumar, learned counsel for the petitioner and Mr. Kumar Alok, learned counsel representing the State as well as Mr. Sanjeet Kumar, counsel for the respondent nos. 50 and 55.

In this case, the petitioner is challenging the Notice bearing no. 1870 dated 14.08.2020 by which the Block Development Officer, Khurhani -cum- Executive Officer has fixed the date for no confidence motion against the petitioner in terms of Section 44 (3) (i) of the Bihar Panchayat Raj Act, 2006. Learned counsel for the petitioner has persuaded this Court to decide the case on merit but later stage, it has been stated that the petitioner herself is a Covid-19 patient and she is unable to attend the meeting as well as the Block Development Officer has also been reported to be suffering from Covid-19, but Mr. Sanjeet Kumar appearing on behalf of the respondent nos. 50 and 55 submits, as per the instruction of his client, the Block Development Officer has already started attending the office.

Be that as it may, let the District Magistrate, examine the issue with regard to non-participation in the meeting of

7/7 petitioner on account of Covid-19 and will take decision as per guidelines issued by the Central Government and State Government from time to time. If any thing goes against the petitioner, she will be at liberty to challenge the same before the appropriate authority.

With the above observation and direction, this writ petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U