Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 16050 of 2013 ====================================================== Raj Kumari Devi W/O Late Maheshwar Prasad Sinha Resident Of Village- Kauriya, P.O.- Kauriya, P.S.- Bhagwanpur Haat, District- Siwan, Presently Pramukh, Block Panchayat Samiti, Bhagwan Pur Haat, District- Siwan Versus .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Department Of Panchayati Raj, Government of Bihar, Patna 3. The Director, Panchayati Raj Department, Government of Bihar, Patna 4. The District Magistrate, Siwan 5. The Sub-Divisional Officer, Maharajganj, District- Siwan 6. The Block Development Officer, Maharajganj-Cum-The Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 7. Pramod Singh, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through The Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 8. Pratima Singh, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 9. Reeta Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 10. Vijayanti Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 11. Umesh Kumar Singh, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 12. Manju Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 13. Vishwanath Prasad Gupta, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 14. Reeta Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 15. Geeta Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 16. Mohan Ram, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 17. Samsul Tarwej Ansari, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-
Legal Reasoning
Patna High Court CWJC No.16050 of 2013 (3) dt.01-11-2013 2 Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 18. Kisnawati Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 19. Reeta Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through The Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 20. Baby Devi, Elected Member Of Block Panchayat Samiti, Bhagwanpur Haat Through The Block Development Officer, Maharajganj-Cum- Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 21. Panchanand Ram, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 22. Awadhesh Yadav, Elected Member Of Block Panchayat Samiti, Bhagwanpur Haat Through The Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 23. Sanjay Yadav, Elected Member Of Block Panchayat Samiti, Bhagwanpur Haat Through The Block Development Officer, Maharajganj- Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan 24. Indu Devi, Elected Member of Block Panchayat Samiti, Bhagwanpur Haat through the Block Development Officer, Maharajganj-Cum-Executive Officer, Block Panchayat Samiti, Bhagwanpur Haat, District- Siwan .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Shashi Bhushan Kumar Manglam, Adv For the S t a t e : Mr H P Singh, GA 8 For private Respondent/s : M/s Harsh Singh, Kamal Kishore Singh, Advs ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 01-11-2013 The petitioner is the Pramukh of Block Panchayat Samiti, Bhagwanpur Haat, District – Siwan. She had filed this writ petition challenging the convening of special meeting for consideration of no confidence motion as against her. During Patna High Court CWJC No.16050 of 2013 (3) dt.01-11-2013 pendency of the writ petition, no confidence motion was passed 3 which was challenged by an interlocutory application. The interlocutory application was allowed and the amended prayer was
Decision
to be considered as a part of the writ petition. Notices, having been issued, the requisitioning respondents have appeared. With consent of parties, the writ petition has been heard for its final disposal at this stage itself. Shri S B K Mangalam, learned counsel for the petitioner submits that the requisition is not in accordance with the mandatory provisions of Section 44 (3) of the Bihar Gram Panchayat Raj Act (Act), 2006. Learned counsel for the contesting respondents concedes and submits that technically the provisions of Section 44 (3) of the Act have not been satisfied. Having considered the fair stand taken, in my view, no useful purpose will be served by keeping the writ petition pending. As the contesting respondents are agreed that the requisition, as filed by the members for convening special meeting for consideration of no confidence motion against the petitioner is not in accordance with Section 44 (3) of the Act, the requisition itself is illegal and that being so, any meeting convened on basis of such a requisition cannot be held to be valid. Patna High Court CWJC No.16050 of 2013 (3) dt.01-11-2013 4 Thus, in my view, not only the motion of no confidence has to be set aside, the requisition for the said meeting has also to be set aside. Thus, the writ petition is allowed. However, the members of the Block Panchayat Samiti will be at liberty to move a fresh requisition if they are so minded in accordance with law for convening a special meeting for considering no confidence motion. This order will not come in their way in this regard. Needless to say that as no confidence motion has lost its legal sanctity, the petitioner would be deemed to be continuing as the Pramukh till she is removed in accordance with law. M.E.H./- (Navaniti Prasad Singh, J)