Missbabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.783 of 2021 ====================================================== Missbabul Son of Mahabub Alam Resident of Village and P.O. Baigana, P.S.- Tedhagachh, District- Kishanganj.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Kishanganj, District- Kishanganj. 4.

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

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

Shanti Devi Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

7.

Tarannum Naz Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 8.

Bindeshwar Sah Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 9.

Rameshwar Prasad Singh Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 10.

Pramila Devi Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

11.

Gauri Devi Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

12.

Sohana Praveen Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 13.

Sanjeeda Khatoon Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

2/4 14.

Sita Devi Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

15.

Parwez Alam Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

16.

Bipat Lal Mandal Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 17.

Kaisa Raza Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

18.

Aarfa Nazmin Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 19.

Anwar Alam Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

20.

Maya Nand Das Son of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj. 21.

Gulabi Devi Wife of not known to the petitioner Panchayat Samiti, Member of Block Panchayat Samiti, Tedhagachh through the Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Tedhagachh, P.O. and P.S. Tedhagachh, District- Kishanganj.

22.

The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 23.

The State Election Commissioner, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna. 24.

The Secretary, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr. Patanjali Rishi, AC to AAG-6 For State Election Commission: Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

3/4 ORAL ORDER 05-10-2021 Heard Mr. S.B.K. Manglam, learned counsel for the petitioner, Mr. Patanjali Rishi, learned A.C. to A.A.G.-6 and Mr. Girish Pandey, learned counsel for the State Election Commission.

The present writ application has been filed challenging the requisition dated 25-08-2020 submitted by 12 elected members of Block Panchayat Samiti, Tedhagachh for convening special meeting of no confidence motion for removal of petitioner from the post of 'Pramukh' of Block Panchayat Samiti, Tedhagachh and the petitioner has further prayed for quashing of the notice of the special meeting dated 10-09-2020 and the resolution passed in special meeting dated 18-09-2020. Mr. Patanjali Rishi, learned counsel appearing for the State submits that during the pendency of this writ application tenure of the Panchayat Samiti has come to an end and fresh election has been announced, process of which is going on. Mr. Manglam does not dispute the submission made by learned counsel for the State.

In view of the submission made by learned counsel for the State and the fact that tenure of 'Pramukh' has come to end and fresh election has been announced, I find that no relief can be granted to the petitioner at this stage as the writ petition

4/4 has become infructuous.

Accordingly, the present writ application is disposed of as infructuous.

(Anil Kumar Sinha, J) praful/- U