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Patna High CourtCWJC/14311/2013disposed

Randhir Kumar v. The State Of Bihar And ORS

2015-07-27Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14311 of 2013 ======================================================

1. Randhir Kumar Son Of Sri Ram Prasad Rai Resident Of Village - Parsa, P.O. Barharwa, P.S. Majorganj, District - Sitamarhi, Presently Pramukh Of Block Panchayat Samiti, Supi, District - Sitamarhi

2. Nirmala Devi Wife Of Sri Shivendra Singh Resident Of Village And P.O. Kansara, P.S. Majorganj, District - Sitamarhi, Presently Up-Pramukh Of Block Panchayat Samiti, Supi , District - Sitamarhi .... .... 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 Director, Panchayati Raj Department, Government Of Bihar, Patna

4. The District Magistrate, Sitamarhi, District - Sitamarhi

5. The Sub-Divisional Officer, Sitamarhi Sadar, District - Sitamarhi

6. The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Supi, District - Sitamarhi

7. Sri Sanjeet Singh Son Of Late Indal Singh Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-CumExecutive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

8. Sri Devendra Mahto Son Of Sri Nagendra Mahto Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

9. Sri Awadhesh Mandal Son Of Sri Hari Mandal Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

10. Smt. Mira Devi Wife Of Sri Madan Kuer Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-CumExecutive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

11. Smt. Mamta Devi Wife Of Pramod Kumar Yadav Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

12. Sri Gonaur Sah Son Of Sri Dharamdeo Sah Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

13. Smt. Renu Devi Wife Of Sri Rama Shankar Singh Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

14. Sri Vijay Paswan Son Of Sri Sita Ram Paswan Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S.

Majorganj (Supi), District - Sitamarhi

15. Smt. Bhikhain Devi Wife Of Sri Biju Mahto Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

16. Smt. Shail Devi Wife Of Sri Dukha Baitha Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-CumExecutive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

17. Smt. Nitu Rana Wife Of Sri Rana Aakash Deep Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development OfficerCum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

18. Smt. Babita Devi Wife Of Sri Raj Mangal Paswan Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-Cum-Executive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi

19. Smt. Rita Devi Wife Of Sri Mohan Yadav Ward Member Of The Block Panchayat Samiti, Supi Through The Block Development Officer-CumExecutive Officer, Block Panchayat Samiti, Supi, P.O. Supi, P.S. Majorganj (Supi), District - Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar -Manglam For the Respondent/s : Mr. Madhuresh Prasad ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-07-2015 The petitioners seek quashing of the requisition dated 17.7.2013 filed by the ten elected members of Block Panchayat Samiti, Supi to Respondent No.6 whereby after fixing the date for special meeting of Supi Block Panchayat Samiti on 25.7.2013 for consideration of No confidence motion against the petitioners, the Pramukh and Up-Pramukh of the Block Panchayat Samiti.

The petitioners were appointed as Pramukh and Up-

Pramukh and earlier No Confidence Motion which was brought against them was dropped.

The petitioners submit that earlier No Confidence Motion against them was rejected on 10.7.2013. They rightly submit that no new Confidence Motion could have been brought within a year from the date of rejection fixing the special meeting on 25.7.2013. However, no affidavit has been filed as what has happened thereafter.

As by now more than two years have elapsed, this Court is not inclined to entertain this writ application. It is accordingly dismissed. However, liberty is granted to the petitioners to challenge any subsequent order, if so advised. (Samarendra Pratap Singh, J) KHAN/- U