The Patna High Court dismissed a PIL filed by ward members alleging irregularities in a housing scheme. The Court held that resorting to writ jurisdiction bypassing the democratic remedy prescribed under the Bihar Panchayati Raj Act was not bona fide.
Writ petition dismissed as not bona fide; no merits examined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4364 of 2023
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====================================================== Appearance : For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate
Patna High Court CWJC No.4364 of 2023 dt.26-04-2023 2/3
For the Respondent/s : Mr. Ajay, GA-5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 26-04-2023
The Writ application has been filed as a public interest litigation (PIL) raising specific allegations against a Mukhiya (Respondent No. 11) of having indulged in illegal and irregular preparation of list of beneficiaries under the Prime Minister Awas Scheme (Rural) in the district of Bhojpur at Ara.
The petitioners are in fact ward members of the gram panchayat in question of which respondent No. 11 is the Mukhiya and regarding which the allegations have been levelled in the writ petition.
Closer scrutiny of the averment made in the writ petition reveals that the grievance raised by the petitioners is founded on the factual allegation of meetings of the ward sabha not being conducted in accordance with the provisions of Bihar Panchayat Raj Act.
The Bihar Panchayat Raj Act and Rules made thereunder contain the procedure prescribing the remedy to members of the gram panchayat by way of a democratic process.
We are, therefore, of the opinion that resort to the writ
Patna High Court CWJC No.4364 of 2023 dt.26-04-2023 3/3
jurisdiction of this Court, by way of public interest litigation, bypassing the democratic process as per prescription contained
in the Bihar Panchayati Raj Act and Rules, lacks bona fide .
Without expressing any opinion on the merits of the allegation raised by the writ petitioners, we are not inclined to proceed in the matter as a public interest litigation.
The writ petition is accordingly dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
SUMIT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 04.05.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction via PIL when the aggrieved persons are ward members who can use the remedy under the Bihar Panchayati Raj Act.
Anand Paswan
The State of Bihar
The Additional Chief Secretary, Panchayati Raj Department
The District Collector, Bhojpur
The District Panchayati Raj Officer
The Mukhiya, Grampanchayat Semariya
Chief Justice Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
