HARI NARAYAN SINGH v. THE STATE OF BIHAR
Case at a glance
- Bench
- RAMESH KUMAR DATTA
Outcome
Disposed of
application is disposed off with a direction to
Provisions considered
Judgment
For the petitioner : Mr. Bindhyachal Singh Mr. Umesh Kumar For the State : AC to AAG-V. ----------- Reg: I.A.No.5281 of 2008.
04.5.2009. This application has been filed for addition of certain State officials as respondent nos.8,9 and 10 to the writ petition and further for amendment of prayer in the writ petition for directing the respondents to remove the Mukhiya of Makarpur Gram Panchayat in view of the amendment made to section 18(5) of the Bihar Panchayat Raj Act, 2006 during the pendency of the writ petition.. During the pendency of the writ petition, by the amendments made to the Bihar Panchayat Raj Act and enforced from 4th February, 2008, 2 the power of the Commissioner under the said Act has been withdrawn and the same has been conferred upon the State Government. In view of aforesaid and in the facts and circumstances of the case, the prayer for addition of parties and also for amendment of prayer are allowed. I.A.No.5281 of 2008 is accordingly disposed off. Learned counsel for the petitioner submits that by letter dated 1.7.2008, the District Magistrate, Jehanabad recommendation to the Principal Secretary, Panchayati Raj Department, Govt. of Bihar for removal of the Mukhiya of Makarpur Gram Panchayat. It is also submitted that the matter has remained pending for a long period since recommendation District Magistrate earlier to the Commissioner on
Operative part
13.5.2008. In that view of the matter, the writ application is disposed off with a direction to the respondent State Government to consider the aforesaid recommendation and take a decision with 3 respect to the same in accordance with law within a period of two months from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is disposed off with a direction to
Which statutory provisions did this judgment involve?
Bihar Panchayat Raj Act, 2006 — s. 18(5); Bihar Panchayat Raj Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.