SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Pat) 531

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJIV ROY, J.
CWJC Nos. 12087 with 9077 of 2024
(10.9.2024)
Yasmin Aash & Anr. (in 12087)
Md. Mushtaque & Ors. (in 9077) .... Petitioners
vs.
State of Bihar & Ors. ... Respondents (in both)

Advocates:
For the Petitioners: M/s Lalit Kishore, Sr. Adv., Ayush Kumar, Khishka Shankar, Ram Pravesh Nath Tiwari(in 12087); Amit Srivastava, Sr. Adv., Rajeev Ranjan(in 9077).
For SEC : M/s Ravi Ranjan, Girish Pandey(in 12087).
For the Respondents: M/s Najeeb Ahmad Khan(in both); P.N. Shahi, Sr. Adv., Anil Kumar Singh, G.P.-26, Gautam Kumar Yadav, AC to GP-26 (in 9077).

Headnote:

Bihar Panchayat Raj Act, 2006 – Section 44(3)(ii) – No-Confidence Motion' against Pramukh and Up-Pramukh of Panchayat Samiti – Maintainability of second 'No Confidence Motion' – As no member attended special meeting, motion was not put to vote – Said meeting will not come under category of concluded meeting – As such, when 1/3rd members of Panchayat Samiti made request to 'Pramukh' to fix a fresh date, 'Pramukh' was duty bound to fix date of special meeting, as it will be considered a fresh meeting – Any motion which has not been put to vote, legal bar of moving a fresh motion of no-confidence stipulated under Section 44(3) (ii) of the Act would not be attracted – When an Officer assigned with job of acting in accordance with the Act fails to do so, Department' as also superior authorities are duty bound to step in and ensure that wheels is/are again put on track – When Block Development Officer cum Executive Officer, earlier exceeded his jurisdiction in rejecting request made by 1/3rd members of Panchayati Samiti, respondents Additional Chief Secretary of Department as also District Magistrate, rightly stepped in and ensured that democratic process is not muzzled by an individual (Block Development Officer cum Executive Officer) – Petitions dismissed. (Paras 76, 77, 79 and 80)

Bihar Panchayat Raj Act, 2006 – Section 44(3)(ii) – No-Confidence Motion' against Pramukh and Up-Pramukh of Panchayat Samiti – Time has now come for Department to convene a State level meeting of all Block Development Officers cum Executive Officers of Panchayat Samitis in State capital to be addressed by Senior Officials of Department' as also officials of State Election Commission beside Advocate General, Bihar and/or any Senior Government Counsel/Senior Counsel nominated by A.G. – They should be given guidelines of do's/don'ts, sensitized about the Act, letters/memos/circulars of Department issued from time to time as also State Election Commission alongwith various judgments of Patna High Court related to the Act – They be further directed to act strictly in line – On failure to do so, appropriate action shall be taken against them in accordance with law. ` (Para 83)

Rajiv Roy, J.—Heard Mr. Lalit Kishore, learned Senior Counsel for the petitioners (in CWJC No. 12087 of 2024) while Mr. Amit Srivastava, learned Senior Counsel is representing petitioner, Mr. Pushkar Narain Shahi for respondent nos. 7 and 13 (in CWJC No. 9077 of 2024) duly assisted by Mr. Ansul, Mr. Gautam Kumar Yadav, learned AC to GP-26 and Mr. Ravi Ranjan/Mr. Girish Pandey, learned counsel for the State Election Commission.

(A) PRAYER:

2. The writ petition has been preferred by Yasmin Aash @ Yasmin Parween @ Yasmina Parween and Anjari Begum (CWJC No. 12087 of 2024) for the following reliefs:

(i) for issuance of an appropriate writ/writs in the nature of writ of certiorari for quashing the letter dated 25.07.2024 issued vide Respondent No. Letter 1 5674 No. by whereby the said respondent has directed the Respondent No. 2 to ensure holding of 'No Confidence Motion' against the petitioners in view of the requisition submitted before Petitioner No. 1 for holding special meeting for 'No Confidence Motion';

(ii) for quashing of Office Order issued by Memo No. 891 dated 05.08.2024 issued by Respondent No. 2 (District Magistrate, Kishanganj) whereby the said respondent has directed the Petitioner No. 1 to hold special meeting for discussion on 'No Confidence Motion' brought against Petitioner No. 1 by some of the Private Respondents by an earlier requisition dated 02.05.2024 presented by them;

(iii) for further writ/writs to respondents, restraining them the from directing the petitioners to hold special meeting for 'No Confidence Motion' till the disposal of C.W.J.C. No. 9077 of 2024 (Md. Mustaue and others versus the State of Bihar and others) which had been filed by the Private Respondents in which the issue involved is absolutely identical and the same is pending before the Hon'ble Court for adjudication, in which notices have been issued to Private Respondents and direction has been issued to file Counter Affidavit;

(iv) for any other relief/reliefs to which the petitioner is found entitled to in the facts and circumstances of the case.

3. The reliefs sought for by Md. Mushtaque and Others (CWJC No. 9077 of 2024) read as follows:

(i) for issuance of an appropriate writ in the nature of CERTIORARI or such other writ/order or direction, for quashing the Letter No. 443 dated 29.05.2024 issued by the Block Development Officer-cum-Executive Officer, Panchayat Samiti, Dighal Bank, whereby and where under he in a completely illegal and untenable manner; in colorable exercise of power; and, in teeth of Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006 and also in utter disregard of the judgment of Hon'ble Division Bench in LPA No. 113/2020, since reported in 2021 (3) PLJR 346 and the Hon'ble Full Bench judgment in LPA No. 125/2024 dated 16.5.2024, he has refused to issue notices to elected members of Panchayat Samiti Dighal Bank for the Special Meting which was to be held on 07.06.2024 as fixed by the petitioners under Section 44(3)(i) of Bihar Panchayat Raj Act, 2006;

(ii) for issuance of an appropriate writ in the nature of CERTIORARI or such other writ/order or direction, for quashing the Letter No. 424 dated 16.05.2024 issued by the Block Development Officer-cum-Executive Officer, Panchayat Samiti, Dighal Bank, by which he has communicated the decision of the Pramukh, Panchayat Samiti, Dighal Bank whereby and where under she has in a completely illegal and untenable manner, in colorable exercise of power, and, in teeth of Section 44 (3)(i) of the Bihar Panchayat Raj Act, 2006 and also in utter disregard of the judgment of Hon'ble Division Bench in LPA No.113/2020, since reported in 2021 (3) PLJR 346 rejected Meeting of the Panchayat Samiti, Dighal Bank to consider the requisition of the petitioners dated 02.05.2024 which was submitted to her by Registered Speed Post for consideration of No Confidence Motion against her more particularly in view of the observations of the Hon'ble High Court as contained in paragraph no. 22 of the oral j

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top