Sumitra Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13851 of 2018 ====================================================== Sumitra Devi, wife of Santosh Kumar, Resident of Village- Lagunia, P.O. and P.S.- Patori, District- Samastipur, presently Pramukh of Block Panchayat Samiti, Shahpur Patori (Patori), District- Samastipur. .... .... 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, Samastipur, District- Samastipur.
5. The Sub Divisional Officer, Shahpur Patori, District- Samastipur.
6. The Block Development Officer, Shahpur Patori (Patori)-cum-Executive Officer, Block Panchayat Samiti, Shahpur Patori (Patori), DistrictSamastipur.
7. Bandana Yadav, Wife of not known to the petitioner, Presently Up-Pramukh of Block Panchayat Samiti, Shahpur Patori (Patori), P.O. and P.S.- Patori, District- Samastipur.
8. Priyanka Suman, Wife of not known to the petitioner,
9. Ful Kumari Devi, Wife of not known to the petitioner,
10. Rekha Devi, Wife of not known to the petitioner,
11. Ratan Mahto, Son of not known to the petitioner,
12. Abhay Kumar Gupta, Son of not known to the petitioner,
13. Nutan Kumari, Wife of not known to the petitioner,
14. Nibha Kumari, Wife of not known to the petitioner,
15. Khusboo Rai, Wife of not known to the petitioner,
16. Jitesh Kumar Chaudhary, Son of not known to the petitioner,
17. Rajesh Paswan, Son of not known to the petitioner,
18. Satish Mahto, Son of not known to the petitioner,
19. Shobha Devi, Wife of not known to the petitioner,
20. Birendra Kumar Paswan, Son of not known to the petitioner,
21. Kaju Prasad Rai, Son of not known to the petitioner,
Patna High Court CWJC No.13851 of 2018 (2) dt.01-08-2018
22. Kanchan Kumari, Wife of not known to the petitioner,
23. Babita Devi, Wife of not known to the petitioner,
24. Surendra Rai, Son of not known to the petitioner,
25. Sudhir Kumar, Son of not known to the petitioner,
26. Ramakant Paswan, Son of not known to the petitioner,
27. Meena Devi, Wife of not known to the petitioner,
28. Ranjeet Rai, Son of not known to the petitioner, Respondent nos. 8 to 28 are the members of Block Panchayat Samiti, Shahpur Patori (Patori) through the Block Development Officer-cum-Executive Officer, Block P.S.- Patori, District-Samastipur. .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate Ms. Anita Kumari, Advocate For the Respondent/s : Mr. P.N. Shahi, AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-08-2018 Learned counsel for the petitioner submitted that during pendency of the writ petition, special meeting has already been convened on 23.07.2018 and the petitioner has been removed from the post of Pramukh of the Block Panchayat Samiti, Shahpur Patori (Patori), Samastipur. He submitted that this writ petition may be disposed of with liberty to the petitioner to challenge her removal from the post Pramukh as also the subsequent acts whereby a fresh election is likely to be held for the post of Pramukh by way of filing
Patna High Court CWJC No.13851 of 2018 (2) dt.01-08-2018 another writ petition.
In view of the changed circumstances, this writ petition challenging the requisition and summoning of special meeting for consideration of no confidence motion against the petitioner is disposed of as infructuous.
The petitioner would be at liberty to challenge the resolution of removal by way of filing another writ petition on the grounds available to the petitioner as also on the grounds taken in the instant writ petition.
(Ashwani Kumar Singh, J.) Sanjeet/- U T