Rajendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16896 of 2015 ====================================================== Rajendra Yadav, son of Shri Ganga Yadav, resident of VillageBaikunthpur, Ward No.12, Nagar Panchayat, Ramnagar, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Urban Development and Housing Department, Govt. 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 cumCircle 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, DistrictWest 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, Councillor of Ward No.1, resident of Murila Ward No.1, Ramnagar, P.S.- Ramnagar, District- West Champaran.

10. Smt. Jayaun Nisha, wife of Sk. Aurangjeb, Councillor of Ward No.5, resident of Haji Tola, New Market, Ramnagar, P.S.- Ram Nagar, District- West Champaran.

11. Chaman Singh Nepali, daughter of late Bam BahadurSingh Nepali, Councillor of Ward No.2, resident of Bari Tola, Ward No.3, P.S.- Ramnagar, District- West Champaran.

12. Nivedita Sah, wife of Abhay Bikram Shah, Councillor of Ward no.3, resident of Bari Tola, Ward No.3, P.S.- Ramnagar, District- West Champaran.

13. Sitaram Mahto, son of late Gulab Mahto, Councillor of Ward No.4, resident of Dhangad Toli, Ward No.4, P.S.- Ramnagar, District- West Champaran.

14. Mukesh Kumar, son of Ram Nayan Pandit, Councillor of Ward No.6, resident of Thakur Bari Tola, Ward No.4, P.S.- Ram Nagar, DistrictWest Champaran.

15. Manoj Shah, son of Shiv Pujan Shah, Councillor of Ward No.7, resident of Main Road, Narainpur, Ward No.7, P.S.- Ramnagar, District- West Champaran.

16. Smt. Vidyavati Devi, wife of Jawahar Choudhary, Councillor of Ward No.8, resident of Narayanpur, Ward No.8, P.S.- Ramnagar, DistrictWest Champaran.

17. Bhuneshwar Agrawal, son of late Satyanarayan Agarwal, Councillor of Ward No.9, resident of Purani Bazar, Ward No.16, P.S.- Ramnagar, District- West Champaran.

18. Smt. Amrita Singh, wife of Anant Kumar Singh @ Pappu Singh, Councillor of Ward No.10 of Purani Bazar Ward No.10, Ram Nagar, P.S.- Ramnagar, District- West Champaran.

19. Smt. Beuty Kumari, wife of Ram Babu Kumar, Councillor of Ward No.11, resident of Ram Janki Chowk, Purani Bazar, Ward No.11, Ramnagar, District- West Champaran.

20. Ranjan Kumar Nag, son of Kishori Prasad, Councillor of Ward No.13, resident of Sabuni, Ward No.13, P.S.- Ramnagar, District- West Champaran.

21. Amarendra Singh, son of Awadhesh Singh, Councillor of Ward No.15, resident of Miskar Toli, Ward No.15, P.S.- Ramnagar, District- West Champaran.

22. Md. Islam, son of Sk. Hussain, Councillor of Ward No.16, resident of Narayanpur, Ward No.8- Ramnagar, District- West Champaran.

23. Anand Prakash, son of Maheshwar Narayan Singh, Councillor of Ward No.17, resident of Arya Nagar, Ward No.21, P.S.- Ramnagar, DistrictWest Champaran.

24. Sugandhi Devi, wife of Chinta Mani Tiwari @ Nathuni Tiwari, Councillor of Ward No.18, resident of Bilaspur, Ward No.18, P.S. Ramnagar, District- West Champaran.

25. Savita Devi, wife of Tarkeshwar Ram, Councillor of Ward No.19, resident of Bilaspur, Ward No.19, P.S.- Ramnagar, District- West Champaran.

26. Indu Bharti, wife of Niranjan Kumar, Councillor of Ward No.20, resident of Belagola Hari Nagar, Ward No.20, Ramnagar, DistrictWest Champaran.

27. Vijendra Kumar Choubey, son of late Narsingh Choubey, Councillor of Ward No.21, resident of Rally Bazar, Ramnagar, Ward No.21, P.S.- Ramnagar, District- West Champaran.

28. Kanija Begum, wife of Abdul Kalam, Councillor of Ward No.22, resident of Bahuari, near Mill, Ward No.23, P.S.- Ramnagar, DistrictWest Champaran.

29. Munni Nesha, wife of Md. Salauddin, Councillor of Ward No.23, resident of Bahuari, near Mill, Ward no.23, P.S.- Ramnagar, DistrictWest Champaran.

30. 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, Advocate For the Respondent-State : Mr. D.K. Sinha, AAG-2 For State Election Commission: Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-10-2015 Counsel for the petitioner, counsel for the State and the State Election Commission are present.

Apparently there is no merit in the issue raised as the

petitioner who happens to be a Ward Councillor is trying to question the no confidence motion passed against the Chairman and Deputy Chairman on merits even when no such issue is being raised by the incumbent to the posts.

The petitioner as the Ward Councillor is trying to question the no confidence motion on grounds that the counting was not fair. Neither the Chairman nor the Deputy Chairman is an aggrieved party before this Court. This writ petition is thoroughly misconceived, devoid of merit and considering that the petitioner cannot be termed as a person aggrieved by the motion, is dismissed accordingly.

(Jyoti Saran, J) SKPathak/- U