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Patna High CourtCWJC/14134/2018disposed

Babita Devi v. The State Of Bihar And ORS

2018-09-05Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14134 of 2018 =========================================================== Babita Devi, wife of Sri Bachcha Singh, resident of Village and P.O. Parouli, P.S. Basantpur, District- Siwan, presently Pramukh of Block Panchayat Samiti, Lakri Nabiganj, District- Siwan.

.... .... Petitioner

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, Siwan, District- Siwan.

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

6. The Block Development Officer, Lakri Nabiganj-cum- Executive Officer, Block Panchayat Samiti, Lakri Nabiganj, District- Siwan.

7. Md. Ayub, son of not known to the petitioner, Presently Up- Pramukh of Block Panchayat Samiti, Lakri Nabiganj, P.O. and P.S. Lakri Nabiganj, DistrictSiwan.

8. Priyanka Devi, wife of not known to the petitioner,

9. Sushila Devi, wife of not known to the petitioner,

10. Kanti Devi, wife of not known to the petitioner,

11. Manju Devi, wife of not known to the petitioner,

12. Noor Ahmad, son of not known to the petitioner,

13. Ram Bachan Thakur, son of not known to the petitioner,

14. Rita Devi, wife of not known to the petitioner,

15. Chanda Devi, wife of not known to the petitioner,

16. Kalawati Devi, wife of not known to the petitioner,

17. Rita Devi, wife of not known to the petitioner,

18. Vijay Kumar Rawat, son of not known to the petitioner,

19. Geeta Devi, wife of not known to the petitioner,

20. Usha Devi, wife of not known to the petitioner,

21. Sunil Kumar Singh, son of not known to the petitioner,

22. Munni Bibi, wife of not known to the petitioner,

Patna High Court CWJC No.14134 of 2018 dt.05-09-2018 2/3 Respondent nos. 8 to 22 are the members of Block Panchayat Samiti, Lakri Nabiganj through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Lakri Nabiganj, P.O. and P.S. Lakri Nabiganj, District- Siwan.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. S. B. K. Mangalam, Advocate Ms Anita Kumari, Advocate For the State : Mr. Kumar Alok -SC7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-09-2018 This writ petition has been filed for quashing the requisition dated 14.07.2018 submitted in the office of respondent no. 6 under the signature of respondent nos. 8 to 16 in which a request has been made to convene the special meeting of Block Panchayat Samiti, Lakri Nabiganj to consider 'no confidence motion' against Pramukh on the ground that said requisition is not legal and valid requisition in the eyes of law in view of the provisions contained under sub-section (3)(i) of Section 44 of the Bihar Panchayat Raj Act, 2006. Mr. S. B. K. Mangalam, learned counsel for the petitioner submitted that in view of further developments, the writ petition may be disposed of with liberty to the petitioner to challenge the notice issued for convening the special meeting and the resolution passed in the said meeting.

Patna High Court CWJC No.14134 of 2018 dt.05-09-2018 3/3 Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.09.2018 Transmission Date NA