Puspa Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7889 of 2026 ====================================================== Puspa Jha Wife of Nil Many Jha, Resident of Village - Mirzapur Jagni, P.S. - Singhwara, District - Darbhanga, presently Pramukh, Singhwara Panchayat Samiti, District - Darbhanga.

... ... Petitioner/s

Versus

1.

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

The State Election Commission, Bihar through the State Election Commissioner, Sone Bhawan, Bir Chand Patel Path, Patna. 3.

The Additional Chief Secretary, Panchayat Raj Department, Government of Bihar, Patna.

4.

The District Magistrate, District - Darbhanga. 5.

The Block Development Officer-cum-Executive Officer, Singhwara, District - Darbhanga.

6.

Block Panchayat Raj Officer-cum-Executive Officer, Panchayat Samiti, Singhwara, Darbhanga.

7.

Indu Devi, Panchayat Samiti Member, Territorial Constituency No.-01, Sanahpur Buzurg, through Block Development Officer-cum-Executive 8.

Sita Rai, Panchayat Samiti Member, Territorial Constituency No.- 02, Raja, through Block Development Officer-cum-Executive Officer, Singhwara Block Office, Singhwara, Darbhanga.

9.

Pushpa Kumari, Panchayat Samiti Member, Territorial Constituency No -03, 10.

Beena Devi, Panchayat Samiti Member, Territorial Constituency No.-05, Shankarpur, through Block Development Officer-cum-Executive Officer, 11.

Rajni Khatoon, Panchayat Samiti Member, Territorial Constituency No.- 06, Shankarpur, through Block Development Officer-cum-Executive Officer, 12.

Nagina Devi, Panchayat Samiti Member, Territorial Constituency No.- 07, Katka, through Block Development Officer-cum-Executive Officer, 13.

Raja Paswan, Panchayat Samiti Member, Territorial Constituency No.-08, Katka, through Block Development Officer-cum-Executive Officer, 14.

Kiran Devi, Panchayat Samiti Member, Territorial Constituency No.-09, Hariharpur Purbi, through Block Development Officer-cum-Executive 15.

Jitendra Khatoon, Panchayat Samiti Member, Territorial Constituency No.- 10, Hariharpur Purbi, through Block Development Officer-cum-Executive

2/5 16.

Md. Arif Alam, Panchayat Samiti Member, Territorial Constituency No. 11, Hariharpur Purbi, through Block Development Officer-cum-Executive 17.

Dilip Das, Panchayat Samiti Member, Territorial Constituency No.-12, Tektari, through Block Development Officer-cum-Executive Officer, 18.

Shahnawaz Das, Panchayat Samiti Member, Territorial Constituency No.-13, Tektari, through Block Development Officer-cum-Executive Office, 19.

Mohammad Kaushar Ansari, Panchayat Samiti Member, Territorial Constituency No.-14, Tektari, through Block Development Officer-cumExecutive Officer, Singhwara Block Office, Singhwara, Darbhanga. 20.

Madhu Devi, Panchayat Samiti Member, Territorial Constituency No.-15, Kaligaon, through Block Development Officer-cum-Executive Officer, 21.

Pramod Kumar Rai, Panchayat Samiti Member, Territorial Constituency No.-16, Argaus, through Block Development Officer-cum-Executive Officer, 22.

Bharat Bhushan, Panchayat Samiti Member, Territorial Constituency No.-17, Bhawanipur, through Block Development Officer-cum-Executive Officer, 23.

Manju Devi, Panchayat Samiti Member, Territorial Constituency No.-18, Bhawanipur, through Block Development Officer-cum-Executive Officer, 24.

Archana Devi, Panchayat Samiti Member, Territorial Constituency No.-19, Manikouli, through Block Development Officer-cum-Executive Officer, 25.

Pramod Kumar Singh, Panchayat Samiti Member, Territorial Constituency No.-20, Manikouli, through Block Development Officer-cum-Executive 26.

Manik Kumar, Panchayat Samiti Member, Territorial Constituency No.-21, Katasa, through Block Development Officer-cum-Executive Officer, 27.

Lalita Devi, Panchayat Samiti Member, Territorial Constituency No.-22 Katasa, Through Block Development Officer-cum-Executive Officer, 28.

Munni Devi, Panchayat Samiti Member, Territorial Constituency No.-23, Mahrauli, through Block Development Officer-cum-Executive Officer, 29.

Bairo Kumar, Panchayat Samiti Member, Territorial Constituency No.-24, Katasa, through Block Development Officer-cum-Executive Officer, 30.

Poonam Das, Panchayat Samiti Member, Territorial Constituency No.-25, 31.

Santo Devi, Panchayat Samiti Member, Territorial Constituency No.-26,

3/5 32.

Md. Salman Ansari, Panchayat Samiti Member, Territorial Constituency No.-27, Sihori, through Block Development Officer-cum-Executive Officer, 33.

Rinku Kumari Yadav, Panchayat Samiti Member, Territorial Constituency No.-28. Sihori, through Block Development Officer-cum-Executive Officer, 34.

Babita Devi, Panchayat Samiti Member, Territorial Constituency No.-29. Bharwari, through Block Development Officer-cum-Executive Officer. 35.

Sunil Das, Panchayat Samiti Member, Territorial Constituency No.- 30, Madhopu. Basatwara, through Block Development Officer-cum-Executive 36.

Kanchan Devi, Panchayat Samiti Member, Territorial Constituency No.-31, Madhopur Basatwara, through Block Development Officer-cum-Executive 37.

Chakor Narayan Rai, Panchayat Samiti Member, Territorial Constituency No.-32, Arai Birta, through Block Development Officer-cum-Executive 38.

Rubina, Panchayat Samiti Member, Territorial Constituency No.-33, Arai Birta, through Block Development Officer-cum-Executive Officer, 39.

Bhumi Devi, Panchayat Samiti Member, Territorial Block Constituency No.- 34, Harpur, through Development Officer-cum-Executive Officer, 40.

Lal Babu Paswan, Panchayat Samiti Member, Territorial Constituency No.- 35, Bharwara, through Block Development Officer-cum-Executive Officer, 41.

Usha Devi, Panchayat Samiti Member, Territorial Block Constituency No.- 36, Banouli, Through Development Officer-cum-Executive Officer, Singhwara Block Singnwara, Office, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Harshvardhan For the Respondent/s :

Mr. Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondent.

2. With the consent of both the parties, this writ

4/5 application is being disposed of at admission stage itself.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:- "(a) To issue an appropriate writ, order or direction, including a writ in the nature of Certiorari, for quashing the impugned Letter No. 1257 dated 08/05/2026 issued by the Respondent No. 4 (Annexure P/1) on the ground that the said letter is illegal, arbitrary and without application of mind.

(b) To issue an appropriate writ, order or direction, including a writ in the nature of Mandamus directing the District Magistrate, Darbhanga to strictly follow the judicial guidelines laid down by Honourable Supreme Court in SLP No. 12490/2024 for No Confidence Motions brought against the Adhyaksha/elected representatives in Bihar.

(c) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the interest of justice."

4. During the course of argument, learned counsel for the petitioner submits that the petitioner may be permitted to file a representation before the respondent no. 2, i.e., The State Election Commission, Bihar and appropriate direction may be issued to dispose of the same within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent does not have any objection.

6. Considering the limited nature of prayer being made by

5/5 learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a representation/application before the respondent no. 2 , i.e. The State Election Commission, Bihar within 15 days from today and if such a representation/application is filed within the stipulated time then the respondent no. 2, i.e., The State Election Commission, Bihar is directed to dispose of the same within a period of three months from the date of receipt of such representation/application, after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the respondent no. 2, should be a reasoned and speaking order.

8. This Court has not expressed any opinion on the merit of the case including maintainability of the writ application.

9. With the aforesaid observation/direction and liberty granted, this writ application is disposed of.

10. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

dhaneshwar/- (Girijish Kumar, J) U