Dismissed¶30

Mithlesh Kumar Yadav v. The State of Bihar

Patna HC2 Apr 2026CWJC/4288/2026

Case brief

AI extract

What is this about?

Patna High Court; CWJC/Civil Writ Jurisdiction Case No.4288 of 2026; decided 02-04-2026 by Partha Sarthy, J.; Mithlesh Kumar Yadav v. State of Bihar (Panchayati Raj Department) and others; No Confidence Motion dated 14.03.2026, Panchayat Samiti, Sandesh, Bhojpur; membership cancellation recommended by Pramukh vide letter No. 60 dated 12.03.2026 under Section 44(4) Bihar Panchayat Raj Act, 2006; show cause notice vide letter No. 335 dated 13.03.2026 by Block Development Officer; writs of certiorari and mandamus sought; petition dismissed as withdrawn at admission stage; no merits decided; advocates: Gopal Govind Mishra (petitioner), Shweta Anand, AC to GP-13 (respondents); not citable for any proposition of law.

What did the court decide?

Permission to withdraw the application; dismissed as withdrawn with no substantive relief. ¶30

Mithlesh Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4288 of 2026

¶2

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

¶3

Mithlesh Kumar Yadav Son of Jay Ram Yadav, Resident of village- Baga, Police Station- Azimabad, District- Bhojpur, Pin code- 802164, Mobile No.9162797353.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Secretary, Panchayati Raj Department, Government of Bihar, Patna.

¶7

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

¶8

The Director, Panchayati Raj Department, Government of Bihar, Patna.

¶9

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

¶10

The Divisional Commissioner, Patna Division, Patna.

¶11

The District Magistrate-cum-Collector, District- Bhojpur.

¶12

The District Panchayati Raj Officer, District- Bhojpur at Ara.

¶13

The Sub-Divisional Officer, Ara Sadar, District- Bhojpur.

¶14

The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Sandesh, District- Bhojpur.

¶15

... ... Respondent/s

¶16

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

¶17

Appearance :

¶18

For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the Respondent/s : Mrs. Shweta Anand, AC to GP-13 ======================================================

¶19

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶20

2 02-04-2026 The petitioner has filed the instant application for the

¶21

following relief(s):

¶22

“(i) For issuance of writ in the nature of Certiorari for quashing the No Confidence Motion dated 14.03.2026 at 11:30 P.M. issued under the signature of 10 Members of Panchayat Samiti, Sandesh and handed over to the Block Development Officercum-Executive Officer, Panchayat Samiti, Sandesh in which 4 Members of the Panchayat Samiti has put his signature whose name has recommended by the Pramukh for cancellation of Membership on

¶23

Patna High Court CWJC No.4288 of 2026(2) dt.02-04-2026 2/2

¶24

12.03.2026 under Section 44(4) of Bihar Panchayat Raj Act, 2006 and the Block Development Officer, Sandesh issued notice vide letter No. 335 dated 13.03.2026 for filing show cause in accordance with law in the interest of justice.

¶25

(ii) For issuance of writ in the nature of Mandamus for commanding the respondent authorities for adjudication of issue of Membership in the light of recommendation made by the Pramukh on the basis of recommendation vide letter No. 60 dated 12.03.2026 and show cause notice issued vide letter No. 335 dated 13.03.2026 in accordance with law in the interest of justice.

¶26

(iii) For further relief to stay the No Confidence Motion dated 14.03.2026 which was issued in retaliation of recommendation dated 12.03.2026 for cancellation of the membership of the Samiti issued under the signature of Pramukh, Sandesh Prakhand during pendency of the writ petition before this Hon'ble Court.

¶27

(iv) For any other relief/reliefs admissible under the law in the light of factual profile of this case in the interest of Justice.”

¶28