Disposed¶42

Mithilesh Yadav v. The State of Bihar

Patna HC12 Aug 2024CWJC/1404/2024

Case brief

AI extract

What is this about?

Patna High Court, CWJC No.1404 of 2024, decided 12-08-2024, Rajiv Roy, J. Keywords: no-confidence motion; Pramukh; Ghoshwari Panchayat Samiti; Block-Ghoshwari; Patna; Panchayati Raj Department, Bihar; resolution dated 15.01.2024; deseating of Pramukh elected 30.12.2021; two-year tenure bar; validity of requisition vis-à-vis 2006(1)PLJR129; State Election Commission Bihar; restraint on fresh election refused; writ petition disposed of; alternative remedy left open; petitioner had contested the vacant Pramukh post.

What did the court decide?

No relief granted; writ petition disposed of, with the petitioner stating he shall explore alternative remedy in the matter. ¶42

Mithilesh Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1404 of 2024

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======================================================

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Mithilesh Yadav son of Ramashish Yadav, R/o Village-Gosaigaon, P.S. Ghoshwari, District-Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

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The Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

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The Director, Panchayati Raj, Department of Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

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The Collector cum District Magistrate, District-Patna.

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The District Panchayat Raj Officer, Patna.

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The Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, District-Patna.

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Ashmita Kumari, wife of not known, Member Panchayat Samiti, Kumhara Panchayat Area No. 8, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Ashok Kumar, son of not known, Member Panchayat Samiti, Ghoshwari Panchayat Area No. 4, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Lalita Kumari, wife of not known, Member Panchayat Samiti, Taratar-01 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Beby Devi, wife of not known, Member Panchayat Samiti, Trimuhan-10 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Rupam Kumar wife of not known, Member Panchayat Samiti, Paujana-6 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Renu Devi, wife of not known, Member Panchayat Samiti, Kumharar-9 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti,

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Patna High Court CWJC No.1404 of 2024(5) dt.12-08-2024 2/4

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Ghoshwari, Block-Ghoshwari, Patna.

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Rinku Devi, wife of not known, Member Panchayat Samiti, Kurmichak-5 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Anirudh Kumar, wife of not known, Member Panchayat Samiti, Kadhra-2 Panchayat Area, Block-Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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Smt. Rojawati Devi, wife of not known, Member Panchayat Samiti, Samayagarh Panchayat Area No. -07, Block Ghoshwari, District-Patna. Panchayat Samiti members of the Block Panchayat Samiti, Ghoshwari through the Block Development Officer cum Executive Officer Block Panchayat Samiti, Ghoshwari, Block-Ghoshwari, Patna.

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The State Election Commission, Patna, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kumar Harshvardhan, Advocate For the Respondent/s : Mr. Rajan Prakash, AC to GA- 2 For SEC : Mr. Ravi Ranjan, Advocate For respondent no.9 : Mr. Sanjay Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 12-08-2024 Heard Mr. Kumar Harshvardhan, learned counsel for

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the petitioner, Mr. Ravi Ranjan, learned counsel representing the State Election Commission, Bihar, Patna and Mr. Rajan Prakash, learned SC to GA-2 as also Mr. Sanjay Kumar, learned counsel for respondent no.9.

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The petitioner has prayed for the following reliefs:

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(i) for setting aside the resolution

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dated 15.01.2024 which was brought in the special meeting

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Patna High Court CWJC No.1404 of 2024(5) dt.12-08-2024

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3/4

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convened by Ghoshwari Panchayat Samiti members for considering no confidence motion which was accordingly passed against the petitioner and he was declared deseated and the post of Pramukh, Ghoshwari Panchayat Samiti was declared vacant;

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(ii) to declare that the requisition for no confidence motion itself was invalid and illegal being in teeth with judgment of this Hon’ble Court reported in 2006(1)PLJR129.

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(iii) for a declaration that since the petitioner has been elected as Pramukh on 30.12.2021 no confidence motion can be brought before completion of two years of tenure as Pramukh i.e. only after 30.12.2023;

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(iv) during pendency of the writ

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Patna High Court CWJC No.1404 of 2024(5) dt.12-08-2024 4/4

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petition, he respondents may be restrained from holding fresh election for the post of Pramukh; (v) to grant any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case.

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Though, learned counsel for the petitioner by his submission impressed the Court, the facts were otherwise and this Court in that background is/was not inclined to extend any relief to the petitioner who subsequently contested the vacant post of ‘Pramukh’ of Ghoshwari Block Panchayat Samiti, Patna.

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Learned counsel for the petitioner submits that he shall be exploring alternative remedy in the matter.

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Appreciating the said stand, the writ petition stands disposed of.

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(Rajiv Roy, J)

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Ravi/-

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Mithilesh Yadav v. The State of Bihar

Case brief

What is this about?

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Mithilesh Yadav v. The State of Bihar

Case brief

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