Disposed

Shruti Shree v. The State of Bihar

Patna HC16 Jan 2024CWJC/791/2024

Case brief

AI extract

What is this about?

Writ petition concerning a no-confidence motion against Panchayat Samiti members. Petitioner sought remedy under Section 157 of the Bihar Panchayat Raj Act. Court directed District Magistrate, Patna, to verify records and signatures, hear affected parties, decide on violations of Sections 44/46 with a speaking order, and suspend the special meeting till then.

What the court decided

AI extract

Shruti Shree Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.791 of 2024

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

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Shruti Shree Wife of Anand Madhukar, Resident of Laljitola, near Railway Cabin, P.O. - G.P.O, P.S. - Gandhi Maidan, Patna- 800001, presently residing at village - Balwa, P.O.- Varuna, P.S. - Fathua, Dist. - Patna, Bihar.

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... ... Petitioner/s Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

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The District Magistrate, Patna.

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The Sub Divisional Officer, Patna City, District Patna.

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

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Rajnish Kumar, Son of Late Ram Swarath Singh, R/o Chackbihari, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Lala Ray, Son of Kameshwar Rai, R/o Bakarchak, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Ravindra Kumar Singh, Son of Ram Kripal Singh, R/o Alawalpur, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Meeta Devi, Wife of Sanjay Singh, R/o Masarahi, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Suryamani Devi, Wife of Naresh Ravidas, R/o Jaithiya, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Renu Devi, Wife of Jageshwar Rai, R/o Maujipur, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Rekha Devi, Wife of Pappu Kumar, R/o Dumri, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Amrita Devi, Wife of Hareram Paswan, R/o Kismiriya, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat

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Patna High Court CWJC No.791 of 2024(2) dt.16-01-2024 2/4

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Samiti, District Patna.

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Tippal Kumar, Son of Shahdev Thakur, R/o Mominpur, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Birender Kumar, Son of Ashok Yadav, R/o Narayana, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Manoj Sao, Son of Basudeo Sao, R/o Usfa, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cumExecutive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Indal Paswan, son of Ram Mani Paswan, R/o Sahora, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Nisha Kumari, wife of Jitendra Kumar, R/o - Gangapur, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Radha Devi, Wife of Chandan Kumar, R/o - Jethuli, Fathua, Patna. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Santosh Kumar, son of Birju Prasad, R/o- Kolhar, Fathua, Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cumExecutive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Ram Prasad Paswan, Son of Maran Paswan, R/o - Rasalpur, Pitambarpur, Fathua. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cum-Executive Officer, Fatua, Block Panchayat Samiti, District Patna.

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Sabuja Devi, Wife of Arvind Prasad, R/o - Bhikhua, Fathua. Elected member of Block Panchayat Samiti, Fatua, through Block Development Officer-cumExecutive Officer, Fatua, Block Panchayat Samiti, District Patna.

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... ... Respondent/s

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=============== Appearance : For the Petitioner/s For the Resp. No.12 For the Respondent/s ===============	==== : : : : : : : : ====	=================================== Mr. Amit Shrivastava, Sr. Advocate Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Sujit Kumar, Advocate Mr. Raghu Raj Pratap, Advocate Mr. Almanya, Advocate Mr. Shailendra Kr. Jha, Advocate Mr. Government Pleader 19 ===================================
CORAM: HONOU	RABL	E MR. JUSTICE PURNENDU SINGH

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Patna High Court CWJC No.791 of 2024(2) dt.16-01-2024 3/4

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ORAL ORDER

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2 16-01-2024 Heard learned counsel for the petitioner and learned

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counsel for the respondent(s).

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Mr. Amit Shrivastava, learned Senior Advocate appearing on behalf of the petitioner submits that the petitioner seeks to avail remedy under Section 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter to be referred as the ‘Act’) before the District Magistrate, Patna, for the relief(s) as prayed for in the present writ petition.

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Considering the limited relief(s) as sought for by the petitioner, the District Magistrate, Patna, is directed to call for the records relating to the Panchayat Samiti of concerned Block and fix a date within two days after communication of this order for the attendance of Pramukh, Up-pramukh and all the members of the Panchayat Samiti and seek their signature in his own presence and thereafter, he may fix a date for providing opportunity of hearing to the affected parties and decide the matter considering the charges as contained in the requisition. If he finds that there is violation of manner, as prescribed under Section 44 or Section 46 of the Bihar Panchayat Raj Act, 2006 and same requires interference in any manner with respect to calling of ‘No Confidence Motion’, which has been fixed on 19.01.2024, the District Magistrate after providing opportunity

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Patna High Court CWJC No.791 of 2024(2) dt.16-01-2024 4/4

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of hearing may pass a speaking order strictly in accordance with law.

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The special meeting dated 19.01.2024 shall lose its operation till final decision is taken by the District Magistrate.

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As the order has been passed in the open Court, learned Government Pleader No.19, appearing on behalf of the State has ensured that he will immediately communicate the District Magistrate, Patna, by both the means, fax, as well as, by telephonic communication, even before the order is pronounced.

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Accordingly, the present writ petition is disposed

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of.

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(Purnendu Singh, J.)

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Chn/Ashishsingh/-

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Shruti Shree v. The State of Bihar

Case brief

What is this about?

What the court decided

Shruti Shree v. The State of Bihar

Case brief

What is this about?

What the court decided

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