Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16088 of 2013 ====================================================== 1. Mausami Devi W/O Shri Surendra Sahani Resident Of Village- Lalbegiya, P.S.- Chiraiya, District- East Champaran Versus .... .... Petitioner/s
Legal Reasoning
1. The State Of Bihar 2. The District Magistrate, East Champaran, Motihari 3. The District Panchayat Raj Officer, East Champaran, Motihari 4. The Sub-Divisional Officer, District- East Champaran, Motihari 5. The Executive Officer-Cum-Block Development Officer, Block- Chiraiya, District- East Champaran 6. Shri Saket Bihari Shukla, The Executive Officer-Cum-Block Development Officer, Block- Chiraiya, District- East Champaran 7. The State Election Commission, Represented Through Its Secretary, State Election Commission, Bihar, Sone Bhawan, 3rd Veer Chand Patel Path, Patna- 800001 8. Shri Shambhu Thakur S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 9. Shri Ram Adya S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 10. Shri Mohammad Anjum S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 11. Shri Nasim Alam S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 12. Shri Upendra Rai S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 13. Shri Birbal Mehra S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 14. Shri Prabhakar Prasad S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 15. Shri Jamiri Sah S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 16. Shri Chandan Kumar S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Patna High Court CWJC No.16088 of 2013 (3) dt.19-09-2013 2/4 Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 17. Shri Gajendra Kunwar S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 18. Shri Md. Jubaid S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 19. Shri Dharmendra Kumar Singh S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 20. Shri Shri Niwas Tiwary S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 21. Shri Md. Rafique Nawaz S/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 22. Smt. Nasima Khatoon W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 23. Smt. Poonam Kaushik W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 24. Smt. Sunita Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 25. Smt. Rampati Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 26. Smt. Renu Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 27. Smt. Antima Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 28. Smt. Usha Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 29. Smt. Meena Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Patna High Court CWJC No.16088 of 2013 (3) dt.19-09-2013 3/4 Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 30. Smt. Kiran Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 31. Smt. Laljhari Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 32. Smt. Gayatri Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 33. Smt. Sumitra Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 34. Smt. Akbari Khatoon W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 35. Smt. Meena Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 36. Smt. Phoolmati Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 37. Smt. Malti Devi W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran 38. Smt. Rubaida Khatoon W/O Not Known To The Petitioner Member Of Panchayat Samiti- Chiraiya, District- East Champaran, Represented Through The Executive Officer-Cum-Block Development Officer, Chiraiya, East Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Srivastava For the Respondent/s : Mr. S.B.K.Manglam For State Election Commission : Mr. Amit Srivastava : Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 3 19-09-2013 Mr. Manglam, learned counsel appears for all the Patna High Court CWJC No.16088 of 2013 (3) dt.19-09-2013 4/4 requisitioning members. After some arguments, he accepts that the notice fixing the date of special meeting issued by the Executive Officer is not in accordance with law. Hence, he submits that the said notice and consequential resolution of the special meeting may be quashed and fresh date may be directed to be notified. Learned counsel for the petitioner has no objection to that. In the circumstances, this writ application is allowed. Notice issued by the Executive Officer, as contained in Annexure- 3, and the resolution of the special meeting dated 30.7.2013 are quashed. Executive Officer, Panchayat Samiti, Chiraiya, District East Champaran is directed to issue fresh notice on the requisition of the respondents dated 3.7.2013, immediately after receipt of a copy of this order, fixing 5th October, 2013 as the date of fresh meeting of the Samiti for deliberation on the ‘No Confidence Motion’. Notice must be issued to them with clear 7 days intervening. Till then, status quo as of today shall be maintained. (Jayanandan Singh, J) Pradeep/-