Letters Patent Appeal No. 1246 of 2013 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1246 of 2013 In CWJC No. 16928 of 2013 ====================================================== 1. Sabita Devi W/O Sri Dinesh Lal Deo Resident Of Village- Baligaun, Police Station- Baheri, District- Darbhanga. 2. Bibha Singh W/O Sri Rakesh Kumar Singh Resident Of Village- Benta, Police Station- Hayaghatt, District- Darbhanga. .... .... Appellant/s Versus 1. The State Election Commission, Bihar Patna through the Chief Election Commission, Bihar, Patna. 2. The Joint Election Commission, Bihar, Patna. 3. The State Of Bihar through the District Magistrate- Cum- District Election Commission, Darbhanga. 4. The District Panchayati Raj Officer, Darbhanga. 5. The Sub- Divisional Officer Sadar Darbhanga. 6. The Block Development Officer- Cum- Executive Officer, Panchayat Samiti, Baheri, Prakhand Baheri Police Station- Baheri, District- Darbhanga. 7. Laxman Mandal (Panchayat Samiti Member Atahar, North) S/O Rameshwar Mandal Resident Of Village- Atahar, Police Station- Baheri, District- Darbhanga. 8. Chandrabir Yadav (Panchayat Samiti Member, Atahar South) S/O Batohi Yadav Resident Of Village- Atahi, Police Station- Baheri, District- Darbhanga. 9. Chandra Mohan Jha (Panchayat Samiti Member, Atahar South) S/O Late Raghubar Jha Resident Of Village- Baghaul, Police Station- Baheri, District- Darbhanga. 10. Binay Lal Deo (Panchayat Samiti Member Surari Turki) S/O Dhyanil Lal Deo Resident Of Village- Turki, Police Station- Baheri, District- Darbhanga. 11. Mohit Sada (Panchayat Samiti Member Surari Turki) S/O Mithu Sada Resident Of Village- Kopi Chakla, Police Station- Baheri, District- Darbhanga. 12. Meena Devi (Panchayat Samiti Member Bhachhi) W/O Ram Sewak Mandal Resident Of Village- Bhachhi, Police Station- Baheri, District- Darbhanga. 13. Umesh Ram (Panchayat Samiti Member, Baligaon) S/O Mishri Ram Residentof Village- Sirua, Police Station- Baheri, District- Darbhanga. 14. Naresh Das (Panchayat Samiti Member Dhanauli) S/O Tilai Das Resident Of Village- Dhanauli, Police Station- Baheri, District- Darbhanga. 15. Prem Maya Devi (Panchayat Samiti Member Paghari) W/O Pradip Chandhary Resident Of Village- Paghari, Police Station- Baheri, District- Darbhanga. 16. Pravin Khatoon (Panchayat Samiti Member Jorja) W/O Md. Bararat Resident Of Village- Rajekh Police Station- Baheri, District- Darbhanga. 17. Bijay Kumar Singh (Panchayat Samiti Member Nimathi) S/O Dharni Prasad Singh Resident Of Village- Nimethi, Police Station- Baheri, District- Darbhanga. 2 Patna High Court LPA No.1246 of 2013 (2) dt.28-10-2013 2 / 5 18. Sabita Devi (Panchayat Samiti Member Nirmathi) W/O Santosh Kumar Singh Resident Of Village- Rampur Korgama, Police Station- Baheri, District- Darbhanga. 19. Lalita Devi (Panchayat Samiti Member, Harhcha) W/O Ram Karan Sahani Resident Of Village- Harhacha, Police Station- Baheri, District- Darbhanga. 20. Nitish Kumar Yadav (Panchayat Samiti Member, Ramauli Gujrauli) S/O Sita Ram Yadav Resident Of Village- Ramauli, Police Station- Baheri, District- Darbhanga. 21. Sheela Devi (Panchayat Samiti Member Ramauli Gujrauli) W/O Sarbjit Manjhi Resident Of Village- Shekhpura, Police Station- Baheri, District- Darbhanga. 22. Anita Devi ( Panchayat Samiti Member Chakwa Bharwari) W/O Sushil Paswan R/O Vill- Dhowopur, Bansara, Police Station- Baheri, District- Darbhanga. 23. Kavita Devi (Panchayat Samiti Member, Hathaura North) W/O Shambhu Sah Resident Of Village- Simari,Police Station- Baheri, District- Darbhanga. 24. Sunil Jha (Panchayat Samiti Member Hathauri South) S/O Sita Ram Jha Resident Of Village- Hathauri, Police Station- Baheri, District- Darbhanga. 25. Chandra Bhushan Singh (Panchayat Samiti Member Hathauri South) S/O Maheshwar Narayan Singh Resident Of Village- Kharari, Police Station- Baheri, District- Darbhanga. 26. Shashi Ranjan Safi (Panchayat Samiti Member Samadpura) S/O Subodh Safi Resident Of Village- Lagurpur, Police Station- Baheri, District- Darbhanga. 27. Biath Nath Yadav (Panchayat Samiti Member Baheri West) S/O Yogendra Yadav Resident Of Village- Nodega Police Station- Baheri, District- Darbhanga. 28. Bhawan Thakur (Panchayat Samiti Member Baheri West S/O Jogi Thakur Resident Of Village- Baheri, Police Station- Baheri, District- Darbhanga. 29. Rita Devi (Panchayat Samiti Member Baheri East) W/O Ram Prasha Mahto Resident Of Village- Baheri, Police Station- Baheri, District- Darbhanga. 30. Mosina Khatoon (Panchayat Samiti Member Baghauni) W/O Md. Istkhar Resident Of Village- Metgah, Police Station- Baheri, District- Darbhanga. 31. Bachche Lal Das (Panchayat Samiti Member Inai) S/O Bishun Das Resident Of Village Inai, Police Station- Baheri, District- Darbhanga. 32. Ranju Devi ( Panchayat Samiti Member, Dohat Narayan) W/O Ram Bilash Manjhi Resident Of Village- Dohat, Narayan Police Station- Baheri, District- Darbhanga. 33. Munni Devi (Panchayat Samiti Member Gangadah Shiv Ram) W/O Sanjay Lal Deo Resident Of Village- Shiv Ram, Police Station- Baheri, District- Darbhanga. 34. Umda Devi (Panchayat Samiti Member Metuniya) W/O Ram Udgar Yadav Resident Of Village- Kushiyam Police Station- Baheri, District- Darbhanga. 35. Nirmal Devi (Panchayat Samiti Member, Bithauli) W/O Mangnu Rai Resident Of Village- Bithauli, Police Station- Baheri, District- Darbhanga. 36. Sudama Devi (Panchayat Samiti Member Havidih North) W/O Ram 3
Legal Reasoning
Patna High Court LPA No.1246 of 2013 (2) dt.28-10-2013 3 / 5 Balak Sah Resident Of Village- Hanuman Nagar, Police Station- Baheri, District- Darbhanga. 37. Biadh Nath Prasad Baiju (Panchayat Samiti Member Havidi, Middle) S/O Siya Ram Mahto Resident Of Village- Belhi, Police Station- Baheri, District- Darbhanga. 38. Rakesh Kumar Anshu (Panchayat Samiti Member, Havidih Middle) S/O Arjun Rai Resident Of Village- Havidih, Police Station- Baheri, District- Darbhanga. 39. Kavita Devi (Panchayat Samiti Member Havidih, South) W/O Ramdhan Sharma Resident Of Village- Rajwara, Police Station- Baheri, District- Darbhanga.
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. S.P. Srivastava, Adv. For the State : Mr. Gautam Bose, Sr. Adv. Mr. Sanat Kumar Mishra, Adv. Mr. Shaily Kumari, Adv. For the SEC : Mr. Amit Srivastava, Adv. Mr. Girish Pandey, Adv. For the Respondents : Mr. S.B.K. Manglam, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 28-10-2013 We have heard counsel for the Appellants, the State, the State Election Commission and for the appearing private respondents. The present Appeal arises from order dated
Decision
13.9.2013 disposing the writ petition with directions to the Executive Officer for issuing fresh notice no sooner the order of the Court was produced, with seven clear days intervening, fixing 27th of September, 2013 as the date for special meeting on the requisition for no confidence. Learned counsel for the Appellants submits 4 Patna High Court LPA No.1246 of 2013 (2) dt.28-10-2013 4 / 5 that it was conceded by the private respondents that the notice issued by the Executive Officer in light of the requisition submitted by the members for a no confidence motion was not in accordance with law and the motion passed on 6.8.2013 was consequently invalid. If the Court was of the opinion that the Executive Officer was required to proceed afresh in accordance with law and procedure to fix a fresh date for meeting as contained in Sections 44 and 46 of the Bihar Gram Panchayat Raj Act, 2006, and the statutory power for notifying the date of the meeting in the manner prescribed had been vested by the legislature in the Executive Officer, mandamus may have been issued to the Executive Officer to perform his duties in accordance with law, but the Court could not have taken over that power of the Executive Officer to decide the manner in which the notice shall be issued and fixed the date of meeting also. Mr. S.B.K. Manglam appearing for the private respondents submits that subsequently fresh no confidence motion had been tabled in accordance with law and the Appellants have been defeated. Thereafter fresh elections have also been held in which the Appellants contested unsuccessfully. In the facts and circumstances of the present case, more particularly taking notice of the subsequent 5 Patna High Court LPA No.1246 of 2013 (2) dt.28-10-2013 5 / 5 events, in our opinion the larger question of law sought to be raised now become academic. We are therefore not inclined to interfere and set things at naught. The larger question of law urged before us is left open for consideration in an appropriate case. The Appeal is disposed as infructuous. (Navin Sinha, J) (Shailesh Kumar Sinha, J) P. Kumar/-