Md Mustaq v. The State Of Bihar
Case brief
What is this about?
CWJC No.1066 of 2024 | Patna High Court | decided 25-01-2024 | Purnendu Singh, J | Petitioners: Md Mustaq, Akhtari Begum, Maleka Khatoon (Kishanganj) | Respondents: State of Bihar (Panchayati Raj Dept.), District Magistrate Kishanganj, Executive Officer-cum-BPRO Dighal Bank, Pramukh Yashmin Aash, Up Pramukh Anjari Begum and members of Dighalbank Panchayat Samiti | Bihar Panchayat Raj Act, 2006 — Section 157, Section 44 (3)(i) | Grievance of complete violation of prescribed procedure | Directions: all 23 Panchayat Samiti members to appear in person before DM on 27.01.2024 via EO-cum-BPRO; enquiry into deliberate absence vs genuine cause; action per law against deliberate absentees; reasoned order with due hearing by 03.02.2024 | Writ disposed of.
What did the court decide?
Writ petition disposed of with directions to the District Magistrate, Kishanganj: to secure the in-person appearance of all 23 members of the Dighalbank Panchayat Samiti on 27.01.2024 through intimation to the Executive Officer cum Block Panchayati Raj Officer, Dighal Bank; to enquire into any member's failure to appear and distinguish deliberate avoidance from genuine cause; to take appropriate action in accordance with law against members whose absence is deliberate; and to pass a reasoned order after hearing all interested parties on or before 03.02.2024. Counsel for the State undertook to communicate the order to the District Magistrate immediately by fax and telephonic communication even before it was pronounced.