Beby Devi vs The State of Bihar - 2024 Supreme(Online)(Pat) 253

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2024 Supreme(Online)(Pat) 253

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2707 of 2024
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Beby Devi wife of Manoj Kumar, resident of Village-Harpura, Pirhi, P.S.
Dulhin Bazar, District-Patna-801102.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Panchayati Raj, Department of Panchayati Raj, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
4. The Collector cum District Magistrate, District-Patna.
5. The District Panchayat Raj Officer, Patna.
6. The Block Development Officer cum Executive Officer, Block Panchayat
Samiti, Dulhin Bazar, Block-Dulhin Bazar, District-Patna.
7. Rekha Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
8. Jay Kumar, son of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
9. Pramod Kumar Prabhakar, son of not known, Panchayat Samiti Member of the Block Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar,
Block-Dulhin Bazar, Patna.
10. Nawlesh Kumar, son of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
11. Arun Kumar, son of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
12. Neeraj Kumar, son of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
13. Manorma Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
14. Piniki Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
15. Archana Sharma, wife of not known, Panchayat Samiti Member of the
Block Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar,
Block-Dulhin Bazar, Patna.
16. Ram Prasad, son of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
17. Seema Singh, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
18. Sonalika Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
19. Jyoti Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
20. Gyatri Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
21. Suryamani Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna.
22. Anita Devi, wife of not known, Panchayat Samiti Member of the Block
Panchayat Samiti, Dulhin Bazar, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Dulhin Bazar, Block-
Dulhin Bazar, Patna. ... ... Respondent/s
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Appearance : Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekher, Advocate
Ms. Abhilasha Jha, Advocate
For the State : Mr. Arvind Kumar, AC to GA-9
For the private respondent : Mr. Ashok Kumar Choudhary, Sr. Advocate
Mr. Akshansh Ankit, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

CAV JUDGMENT

Date : 09.08.2024.

I.A. No. 01 of 2024.

The present Interlocutory Application has been filed seeking amendment to the reliefs prayed for in paragraph 1 of the writ petition:

"To issue an appropriate writ, order or direction in the nature of certiorari for quashing the proceedings of special meeting convened on 19.02.2024 of the Panchayat Samiti, Dulhin bazar, whereby and whereunder the no confidence motion brought against thepetitioner (pramukh), has been passed and the petitioner has been removed from the office of pramukh, on the ground that the said special meeting was convened on the basis of a requisition which was not valid in the eye of law as the same did not contain clear and specific charges against the petitioner as per the requirement of Section 44(3) (iv) of the Bihar Panchayati Raj Act, 2006 and also on the ground that the requisition was never actually served upon the petitioner as per Section 44(3)(i) of the Bihar Panchayati

Raj Act, 2006."

2. There is no opposition from the other side.

3. I.A. No. 01 of 2024 is allowed. Let the prayer herein be considered as reliefs prayed for in the main writ petition.

CWJC No. 2707 of 2024.

1. The present petition has been filed for grant of the following reliefs:

(i) to issue an appropriate writ, order or direction in the nature of certiorari for quashing the order contained in memo no. 392 dated 23.01.2024 (Annexure 5) passed by Respondent Collector- cum- District Magistrate, District- Patna under section 157 of the Bihar Panchayati Raj Act, 2006 whereby and whereunder the objections of the petitioner against the no confidence motion brought against her as Pramukh of Dulhin Bazar Panchayat Samiti has been rejected and the Respondent Block Development Officer has been directed to fix a new date to convene the special meeting for considering the no confidence motion;

(ii) to issue an appropriate writ, order or direction in the nature of certiorari for quashing letter no. 105 dated 25.01.2024 (Annexure 6) issued by Respondent Block Development Officer directing the petitioner to fix a new date to convene the special meeting for considering the no confidence motion brought against her;

(iii) to issue an appropriate writ, order or direction in the nature of certiorari for quashing requisition dated 04.01.2024 issued under the signature of respondent no. 7 12 (Panchayat Samiti members of the Block Panchayat Samiti, Dulhin Bazar), whereby and where under the said members have made a request to convene a meeting of the Block Panchayat Samiti for consideration of a no confidence motion against the petitioner, on the ground that the said requisition is not a valid requisition in the eye of law as the same does not contain clear and specific charges against the petitioner as per the requirement of Section 44(3)(iv) of the Bihar Panchayati Raj Act, 2006 and also on the ground that the same has not been validly been served upon the petitioner as per Section 44(3)(i) of the Bihar Panchayati Raj Act, 2006 and routed through the block Development

Officer;

(iv) during pendency to the writ application, the Respondents should be directed not to proceed further with the requisition dated 04.01.2024 and convene a meeting of the Block Panchayat Samiti for consideration of the no confidence motion against the petitioner;

(v) this Hon'ble Court may adjudicate and hold that the any requisition for no confidence motion must contain clear and specific charges against the incumbent so that the person who faces a motion of no- confidence may know what he/she is up against;

(vi) to grant any other relief or reliefs which the Petitioner may be found entitled to in the facts and circumstances of the case.

2. The facts of the case is/are as follows:

Pramukh

Block Panchayat Samiti, Dulhin Bazar, Patna 03.01.2022 after being elected as the Panchayat Samiti Election Area No. 12, Narhi-Pipri Panchayat on 22.10.2021.

4. Two years later, on 04.01.2024, the petitioner was served with a requisition signed by six Panch

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