Savitri Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19054 of 2015 ======================================================

1. Savitri Devi Wife of Niranjan Kumar Councillor of Ward No. 19, Resident of Bilaspur Ward No. 19, P.S. - Ram Nagar, District - West Champaran.

2. Smt. Jayaun Nisha Wife of Sk. Aurangjeb, Councillor of Ward No. 5 Resident of Haji Tola, New Market, Ramnagar, P.S. - Ramnagar, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The Secretary, Bihar State Election Commission, Sone Bhawan, Patna.

3. The Collector, West Champaran at Bettiah.

4. The Sub-Divisional Officer, Bagaha,West Champaran.

5. The Nagar Panchayat Ramnagar, at Ramnagar, P.S. - Ramnagar, District - West Champaran at Bettiah through its Executive Officer cum Circle Officer Ramnagar, Bettiah, West Champaran.

6. The Circle Officer cum Executive Officer, Ramnagar, P.S. - Ramnagar, District - West Champaran at Bettiah.

7. The Designated Executive Magistrate Bagaha, P.S. - Bagaha, District - West Champaran at Bettiah.

8. The Officer-in-Charge Ramnagar Police Station, Ramnagar, West Champaran at Bettiah, West Champaran.

9. Jalpati Devi Wife of Kashi Yadav Councellor of Ward No. 1, Resident of Murila Ward No. 1, Ramnagar, P.S. - Ramnagar, District - West Champaran.

10. Chaman Singh Nepali Daughter of Late Bam Bahadur Singh Nepali, counceller of Ward No. 2 Resident of Bari Tola Ward No. 3, P.S. - Ramnagar, District - West Champaran.

11. Nivedita Shah Wife of Abhay Bikram Shah, Councellor of Ward No. 3 Resident of Bari Tola Ward No. 3, P.S. - Ramnagar, District - West Champaran.

12. Sitaram Mahto Son of Late Gulab Mahto, Councellor of Ward No. 4, Resident of Dhangad Toli Ward No. 4, P.S. - Ramnagar, District - West Champaran.

13. Mukesh Kumar Son of Ram Nayan Pandit, Councellor of Ward No. 6, Resident of Thakur Bari Tola Ward No. 4, P.S. - Ramnagar, District - West Champaran.

14. Manoj Shah Son of Shiv Pujan Shah, Councellor of Ward No. 7 Resident of Main Road Narainpur Ward No. 7, P.S. - Ramnagar, District - West Champaran.

15. Smt. Vidyavati Devi Wife of Jawahar Choudhary, Councellor of Ward No. 8 Resident of Narayanpur Ward No. 8, P.S. - Ramnagar, District - West Champaran.

16. Bhuneshwar Agrawal Son of Late Satyanarayan Agrawal, Councellor of Ward No. 9 Resident of Purani Bazar, Ward No. 16, P.S. - Ramnagar, District - West Champaran.

17. Smt. Amrita Singh Wife of Anant Kumar Singh @ Pappu Singh, Councellor of Ward No. 10 Resident of Purani Bazar, Ward No. 10,

Patna High Court CWJC No.19054 of 2015 (2) dt.15-12-2015 2/3 Ramnagar, P.S. - Ramnagar, District - West Champaran.

18. Smt. Beauty Kumari Wife of Ram Babu Kumar, Councellor of Ward No. 11, Resident of Ram Janki Chowk, Purani Bazar, Ward No. 11, Ramnagar, District - West Champaran.

19. Ranjan Kumar Nag Son of Kishori Prasad, Councellor of Ward No. 13, Resident of Babuni Ward No. 13, P.S. - Ramnagar, District - West Champaran.

20. Amarendra Singh Son of Awadhesh Singh, Councellor of Ward No. 15, Resident of Miskar toli Ward No. 15, P.S. - Ramnagar, District - West Champaran.

21. Md. Islam Son of Sk. Hussain, Councellor of Ward No. 16, Resident of Narayanpur Ward No. 8, Ramnagar, District - West Champaran.

22. Anand Prakash Son of Maheshwar Narayan Singh, Councellor of Ward No. 17, Resident of Arya Nagar Ward No. 21, P.S. - Ramnagar, District - West Champaran.

23. Sugandhi Devi Wife of Chinta Mani Tiwari @ Nathuni Tiwari, Councellor of Ward No. 18, Resident of Bilaspur Ward No. 18, P.S. - Ramnagar, District - West Champaran.

24. Rajendra Yadav Son of Shri Ganga Yadav Resident of Village - Baikunthpur Ward No. 12, Nagar Panchayat Ramnagar, P.S. - Ramnagar, District - West Champaran.

25. Indu Bharti Wife of Niranjan Kumar, Councellor of Ward No. 20, Resident of Belagola Hari Nagar, Ward No. 20, Ramnagar, District - West Champaran.

26. Vijendra Kumar Choubey Son of Late Narsingh Choubey, Councellor of Ward No. 21, Resident of Rally Bazar, Ramnagar Ward No. 21, P.S. - Ramnagar, District - West Champaran.

27. Kanija Begum Wife of Abdul Kalam, Councellor of Ward No. 22 Resident of Bahuari Near Mill, Ward No. 23, P.S. - Ramnagar, District - West Champaran.

28. Munni Nesha Wife of Md. Salauddin, Councellor of Ward No. 23 Resident of Bahuari Near Mill, Ward No. 23, P.S. - Ramnagar, District - West Champaran.

29. Sabitri Devi Wife of Suresh Sah Resident of Purani Bazar Ramnagar Ward No.14, P.S. - Ramnagar, District - West Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Respondent/s : Mr. K.K. Jha- AAG14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-12-2015 Heard learned counsel for the parties.

The petitioner having been ousted in the no confidence motion seeks a recount of the ballots cast. There is no provision in

Patna High Court CWJC No.19054 of 2015 (2) dt.15-12-2015 3/3 the Bihar Panchayat Raj Act for recount of votes polled in the no confidence motion. The motion was passed on the basis of votes cast in which 12 members voted in support of the motion in a 16 members of the Panchayat Samiti.

Learned counsel for the State submits that the petitioner also had also participated and contested the motion. No ground for indulgence is made out. The writ petition is dismissed.

(Jyoti Saran, J) Bibhash/- U