Dismissed

Bhola Pandit v. the State of Bihar and Ors.

Patna HC18 Feb 2013L.P.A/791/2011

Case brief

AI extract

What is this about?

In this letters patent appeal, an elected Sarpanch challenged the removal of his office by the Principal Secretary, arguing the order lacked authorization under the Bihar Panchayat Raj Act. The court held the decision was taken by the Government and conveyed by the Secretary, allowing no other contentions before dismissing the appeal in limine.

What did the court decide?

The appeal was dismissed in limine.

Bhola Pandit Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.791 of 2011 In

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Civil Writ Jurisdiction Case No. 4839 of 2011

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====================================================== Bhola Pandit, Son of Late Jhagru Pandit, resident of village-Phuladh, P.O.Mansurpur, P.S.-Vaishali, District-Vaishali.

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.... .... Petitioner/Appellant

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Versus

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1. The State of Bihar through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

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1. The Principal Secretary, Panchayat Raj Department, Government of Bihar, New Secretariat, Patna.

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The District Magistrate, Vaishali.

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The Sub-Divisional Magistrate, Hajipur. 5. The Block Development Officer, Phuladh Block, Hajipur. 6. District Panchayat Raj Officer, Phulad, Vaishali. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Akashdeep Mr. Shyameshwar Kumar Singh, Advocates. For the State : Mr. Devendra Kumar Sinha, AAG 2 Mr. Sudhir Kumar, A.C. to AAG 2 Mr. Alok Kumar Rahi, A.C. to AAG 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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.... .... Respondents/Respondents

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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8 18-02-2013 Feeling aggrieved by the order dated 5^th April 2011 made by the learned single Judge in CWJC No. 4839 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

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The appellant, an elected Sarpanch of Gram Kutchery Phulad, P.O.- Mansurpur, District-Vaishali has, under order dated 22^nd February 2011 made by the Principal Secretary to the

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Patna High Court LPA No.791 of 2011 (8) dt.18-02-2013

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2 / 2

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Government of Bihar, Panchayat Raj Department in exercise of power conferred by Section 97(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘the Act’), been removed from his office. The challenge to the said order in above CWJC No. 4839 of 2011 has failed. Therefore, this Appeal.

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The only contention raised before us is that the impugned order has been made by the Principal Secretary to the Government of Bihar and not by the Government of Bihar as envisaged by the aforesaid Section 97(5) of the Act.

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Learned Additional Advocate General Mr. D.K. Sinha has appeared for the respondents. He has relied upon the supplementary affidavit filed in the present Appeal. Copy of the relevant ‘noting’ is annexed to the supplementary affidavit. He has submitted that the decision was indeed taken by the minister concerned and was conveyed by the Principal Secretary.

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Thus, the decision having been taken by the Government of Bihar cannot be held to be made without jurisdiction. No other contention is raised before us. Appeal is dismissed in limine .

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Sujit/-

Bhola Pandit v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bhola Pandit v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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