Priti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2804 of 2016 ====================================================== Priti Kumari, Wife of Late Vijay Kumar Sinha, Resident of village Kaswa Mehsi, Police Station- Mehsi, District East Champaran and Ward Councillor, Ward No. 14, Nagar Panchayat, Mehsi, East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

3. The Commissioner, Tirhut Commissionary, Muzaffarpur.

4. The District Magistrate, East Champaran at Motihari.

5. The Sub-Divisional Officer, Chakia, East Champaran.

6. The Executive Officer, Nagar Panchayat, Mehsi, East Champaran.

7. Nasima Khatoon, Wife of Maksood Alam, the Chief Councillor, Nagar Panchayat, Mehsi, East Champaran, at resident of village- Mirjapur Karvala, Police Station- Meshi, District East Champaran.

8. Sanjay Kumar, son of Late Radha Kant Prasad, the Deputy Chief Councillor, Mehsi Nagar Panchayat, resident of village- Kaswa Mehsi, P.S.- Mehsi, District East Champaran.

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

For the Petitioner/s : Mr. Shri Prakash Srivastava Mr. Arbind Kumar For the Respondent/s : Mr. Manish Kumar, GP-8 For Nagar Parishad, Mehsi : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-02-2016 Mr. Shri Prakash Srivastava, learned counsel appearing for the petitioner, counsel for the State as well as counsel for the Nagar Parishad are present and have been heard. Although a prayer has been made by the petitioner for removal of the Chief Councillor for the alleged irregularities and for which Mr. Srivastava relies upon a representation addressed to the Principal Secretary present at Annexure-18, but in view of the judgment of this Court rendered in CWJC

Patna High Court CWJC No.2804 of 2016 (2) dt.18-02-2016 No.17721 of 2015 (Roop Narayan vs. The State of Bihar) on 14.12.2015 Mr. Srivastava prays for disposal of the writ petition to enable the petitioner to take recourse to the remedy in accordance with the statutory provisions underlying section 25(5) of the Bihar Municipal Act, 2007.

It goes without saying that any such application filed before the appropriate statutory authority shall be considered and be disposed of in accordance with law.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U