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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1305 of 2024 ======================================================
Sunil Kumar Alias Sunil Kumar Singh Son of Late Uchit Mandal Resident of House No.45, Near Mani Dweep Academy, Shastri Colony, Station Road, Jamui, presently residing at village and P.O. Sautadih, P.S. Belhar, District -
Banka and Chairman of Banka Zila Parishad, P.O., P.S. and District Banka.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary. Panchayati Raj Department, Government of Bihar, Patna, 3. The District Magistrate District- Banka. Banka, 4. The Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka.
5. Smt. Neelam Devi wife of Sri Dharmendra Kumar Singh presently Vice Chairman, Banka Zila Parishad, P.O. and P.S. and District - Banka.
6. Mukesh Kumar Singh son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District - Banka.
7. Bibha Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
8. Kajal Bharti wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
9. Kalpana Kumari wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
10. Mona Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
11. Pratim Kumar Sah son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
12. Pooja Kumari wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
13. Sujata Vaidya wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum-
Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
14. Suman Paswan 14. wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
15. Md. Rafique Alam son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
16. Baljeet Singh son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
17. Soni Singh 17. wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
18. Simpal Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
19. Manoj Singh son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
20. Bishwajeet Deepankar son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District - Banka.
21. Rajendra Yadav son of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
22. Priti Singh wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
23. Anju Kumari wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
24. Sharda Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
25. Anjana Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
26. Gayatri Devi wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
27. Drishti Kumari 27. wife of not known to the petitioner, the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
28. Amar Kumar Hembrum son of not known to the the elected members of Zila Parishad, Banka,through the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Banka, P.O., P.S. and District -
Banka.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr. S.B.K.Manglam, Advocate Mr.Awnish Kumar, Advocate For the requisitionist : Mr. Vindhya Keshri Kumar , Sr. Advocate Mr. Ajay Mukherjee, Advocate For the State : Ms. Ruma, AC to GP 7 ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 22-01-2024 Heard Mr. S.B.K. Manglam along with Mr. Awnish Kumar, learned counsels appearing on behalf of the petitioner and Mr. Vindhya Keshri Kumar, learned senior counsel along with Mr. Ajay Mukherjee, learned counsel for the rquisitionists and Ms. Ruma, learned counsel for the State.
2. Learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved by the action of the members of the Zila Parishad, who had never presented the requisition individually or along with other members in person before him and as such the holding of special meeting of No Confidence Motion dated 24.01.2024 being not in accordance with the provision of Section 70(4) of the Act and the same requires interference of this Court.
3. Mr. Vindhya Keshri Kumar, learned senior counsel and Mr. Ajay Mukherjee, learned counsel have tendered their appearance on behalf of the requisitionists and have denied the allegation made by the petitioner. They inform this Court that the requisitionists have personally tendered the requisitions before the petitioner, who is the Chairman of the Zila Parishad who had refused which cannot be said to be in violation of any provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as “the Act”) and manner prescribed therein in holding of special meeting of No Confidence Motion.
4. Ms. Ruma, learned AC to GP 7, has shown her inability to make any submission in absence of a copy of the writ petition. However, she submits that the petitioner, being the Chairman of Zila Parishad, and having democratically elected, must ensure to keep the spirit of the democracy and should not hesitate in any manner to hold a special meeting of No Confidence Motion.
5. Having considered the rival submissions made on behalf of the parties, as well, the pleadings made in the writ petition, petitioner is aggrieved by the action of the requisitionists who are the members of the Zila Parishad, inasmuch as, they have not presented the requisition along with the specific charges of allegation against him. He has informed that the Act mandates the Chairman to fix a date of special meeting in accordance with the provision of Section 70(4)(i) of the Act, and as such the requisitionists, who are represented by Mr. Vindhya Keshri Kumar, learned senior counsel, may file their requisition along with the clear allegation made against the petitioner before him for fixing the date of special meeting of No Confidence Motion which has been announced to be held on 24.01.2024. Considering that the meeting of no confidence is fixed on 24.01.2024, the requisitionists may file requisition by tomorrow (i.e., 23.01.2024) at 10.30 a.m before the petitioner, as well as, before the District Magistrate on or before 1:00 p.m., 6. If the petitioner receives personal notice of requisitionists by any members of Zila parisahd, he may proceed to fix a date of meeting. In alternative, if members choose to make their requisition before the District Magistrate against the petitioner in that case, the District Magistrate must direct the petitioner to fix a date of meeting in exercise of his power under Section 157 of the Act.
7. In any other situation, the requisitionists or the persons aggrieved by the functioning of the Zila Parishad may approach the Lok Prahari, who will enquire with respect to the functioning of the petitioner, as Chairman of the Zila Parishad, in that case, the Lok Parhari must submit the enquiry report before the Additional Chief Secretary of the department after holding an enquiry. The Additional Chief Secretary is directed to take final decision in accordance with the provision of Section 70(5) of the Act after providing due opportunity of hearing to the respective parties in case the allegations made against the petitioner is/are sustainable in accordance with the Act.
8. The petitioner in alternative may avail remedy before the District Magistrate in the manner prescribed under the Act.
9. In light of
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