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Patna High CourtCWJC/14502/2018disposed

Smt. Sheela Devi And ORS v. The State Of Bihar And ORS

2018-08-14Mr. Justice Ashwani Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14502 of 2018

1. Smt. Sheela Devi, wife of Surendra Kumar Singh Panchayat Samiti Member of Pachlowa Panchayat, P.S. Islampur, District - Nalanda.

2. Ramashraya Prasad son of Bindeshwar Singh Panchayat Samiti Member of Panchloba West, P.S. Khoda Ganj, District : Nalanda.

3. Rampravesh Prasad son of Late Mahadeo Mahto Panchayat Samiti Member of Bele East, P.S. : Islampur, District Nalanda.

4. Subhash Mistri son of Bisheshwar Mistri Panchayat Samiti Member of Chandhari North, P.S. Islampur, District Nalanda.

5. Basant Ravidas son of Late Baleshwar Ravidas Panchayat Samiti Member of Kochara North, P.S. Khudaganj, District Nalanda.

6. Neelam Bharti wife of Anil Kumar Panchayat Samiti Member of Panhari South, P.S. Islampur, District Nalanda.

7. Amrita Devi wife of Birendra Ram Panchayat Samiti Member of Mohanchak, P.S. Islampur, District Nalanda.

8. Vivek Sinha son of Mahesh Kumar Sinha Panchayat Samiti Member of Panhar, P.S. Islampur, District : Nalanda.

.... .... Petitioners

Versus

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

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The District Magistrate, Nalanda at Nalanda, District Nalanda.

4. Islampur Panchayat Samiti through the Executive Officer, Islampur Panchayat Samiti, District Nalanda.

5. The Block Development Officer, Islampur-cum-Executive Officer, Islampur Panchayat Samiti, District - Nalanda.

6. Smt. Meena Devi wife of Mithilesh Yadav Pramukh Islampur Panchayat Samiti, P.S. Islampur, District Nalanda.

7. Shailendra Kumar son of not known Up-Pramukh Islampur Panchayat Samiti, P.S. : - Islampur, District : - Nalanda.

8. Smt. Kanti Devi wife of not known Panchayat Samiti Member of Bardih, P.S. : - Islampur, District : - Nalanda.

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9. Smt. Rita Devi wife of not known Panchayat Samiti Member of Mozafara, P.S. : - Islampur, District : - Nalanda.

10. Smt. Devanti Devi wife of not known Panchayat Samiti Member of Besvak, P.S. : - Islampur, District : - Nalanda.

11. Smt. Abha Kumari wife of not known Panchayat Samiti Member of Ichhos, P.S. : - Islampur, District : - Nalanda.

12. Sri Sanjay Chaudhary son of not known Panchayat Samiti Member of Sanda, P.S. : - Islampur, District : - Nalanda.

13. Smt. Puja Devi wife of not known Panchayat Samiti Member of Dhobdiha, P.S. : - Islampur, District : - Nalanda.

14. Smt. Savita Devi wife of not known Panchayat Samiti Member of Mohanchak, P.S. Islampur, District Nalanda.

15. Sri Jagroop Ram son of not known Panchayat Samiti Member of Ranipur, P.S. : - Islampur, District : - Nalanda.

16. Smt. Shila Devi wife of not known Panchayat Samiti Member of Dhekwaha, P.S. : - Islampur, District : - Nalanda.

17. Sri Sarvesh Prasad son of not known Panchayat Samiti Member of Atma, P.S. : - Islampur, District : - Nalanda.

18. Smt. Manju Devi wife of not known Panchayat Samiti Member of Sakri, P.S. : - Islampur, District : - Nalanda.

19. Smt. Ladli Khatoon wife of not known Panchayat Samiti Member of Sudhi, P.S. : - Islampur, District : - Nalanda.

20. Sri Anish Prasad son of not known Panchayat Samiti Member of Bouridih, P.S. Khudaganj, District Nalanda.

21. Smt. Kumari Kavita wife of not known Panchayat Samiti Member of Bardaha, P.S. : - Khudaganj, District : - Nalanda.

22. Smt. Priyanka Devi wife of not known Panchayat Samiti Member of Mahmooda, P.S. Khudaganj, District Nalanda.

23. Sri Krishna Kumar son of not known Panchayat Samiti Member of Kochra, P.S.: - Khudaganj, District : - Nalanda. .... .... Respondents Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate

3/4 For the Respondent/s : Mr. Kameshwar Pd. Gupta, GP-10 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2018 This writ petition has been filed by the petitioners for quashing the notice dated 20.07.2018 fixing the special meeting to discuss no confidence motion against the Pramukh and UpPramukh of Islampur Panchayat Samiti on 27.07.2008. During pendency of the writ petition, it has been brought to the notice of this Court that the special meeting dated 27.07.2018 has already been held and a resolution pursuant to the notice dated 20.07.2018 has already been passed in the special meeting.

Learned counsel for the petitioners submits that the petitioners are also aggrieved by the resolution passed in the special meeting held on 27.07.2018. He has contended that the said resolution has been challenged by the petitioners by way of filing an interlocutory application vide I.A No. 6147 of 2018. In view of the subsequent developments which took place after filing of the writ petition, the instant writ petition and I.A No. 6147 of 2018 are disposed of with liberty to the petitioners to challenge the resolution taken in the special meeting dated 27.07.2018 and all consequent actions by way of

4/4 filing another writ petition on amongst others the grounds taken in the instant writ petition.

(Ashwani Kumar Singh, J.) Sanjeet/SkSuman.

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