Disposed¶58

Aniket Kumar Mishra v. The State of Bihar

Patna HC6 Jul 2026CWJC/5831/2026

Case brief

AI extract

What is this about?

Patna High Court; CWJC No. 5831 of 2026; Partha Sarthy, J.; decided 06-07-2026; Aniket Kumar Mishra v. State of Bihar; Block Panchayat Samiti, Jale; Darbhanga; no-confidence motion; Pramukh (Fulo Baitha, Respondent no. 6); Up-Pramukh (Abdur Rajik, Respondent no. 7); notice dated 13.03.2026; letter no. 455; special meeting dated 14.03.2026; requisition dated 02.03.2026; certiorari; mandamus; writ disposed of as not pressed; no merits adjudicated.

What did the court decide?

None; the writ application was disposed of as not pressed at the petitioner's request. ¶58

Aniket Kumar Mishra Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ application was disposed of as not pressed at the petitioner's request.

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Issue for consideration

Whether the notice dated 13.03.2026 (letter no. 455) issued by Respondent no. 5 convening the special meeting of 14.03.2026 for consideration of No Confidence Motions against the Pramukh and Up-Pramukh of Block Panchayat Samiti, Jale was liable to be quashed. +2 more

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Ratio / Principle

On the statement of learned counsel appearing for the petitioner that, per instructions received, the petitioner did not want to press the writ application, the Court disposed of the application as not pressed; the merits of the challenge to the notice dated 13.03.2026 and the no-confidence proceedings were not adjudicated.

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Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No. 5831 of 2026, Aniket Kumar Mishra v. The State of Bihar and others (Patna High Court, Partha Sarthy, J., decided 06-07-2026): The petitioner, an elected member of Block Panchayat Samiti, Jale, sought (i) certiorari to quash the notice dated 13.03.2026 (letter no. 455) issued under the signature of Respondent no. 5 (Block Development Officer-cum-Executive Officer) convening a special meeting of the Samiti on 14.03.2026 at 12.01 Noon and 1.01 Noon for consideration of No Confidence Motions against the Up-Pramukh (Respondent no. 7) and the Pramukh (Respondent no. 6); (ii) mandamus for production and quashing of the proceedings of the special meeting dated 14.03.2026, on the ground that the motions stood rejected for want of 2/3rd attendance while the notice had been virtually served upon members only in the night of 13.03.2026; and (iii) mandamus to fix a fresh date of special meeting in view of the requisition dated 02.03.2026 and to convene it in accordance with law. Learned counsel for the petitioner stated, per instructions, that the petitioner did not want to press the application. Held: the application was disposed of as not pressed. No statute or precedent was cited and no merits adjudication occurred.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5831 of 2026

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Aniket Kumar Mishra Son of Sri Murari Mishra, Resident of villageKachhua, P.O. Chakauti, P.S. Jale, District Darbhanga, the elected member of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District Darbhanga.

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... ... Petitioner/s

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Versus

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

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

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The District Magistrate, Darbhanga, District- Darbhanga.

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The Sub-Divisional Officer, Darbhanga Sadar, District - Darbhanga.

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The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Jale District-Darbhanga.

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Fulo Baitha, Son of not known to the petitioner, Presently Pramukh of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District - Darbhanga.

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Abdur Rajik, Son of not known to the petitioner, Presently Pramukh of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District - Darbhanga.

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Lalan Kumar Paswan, Son of Bhogi Paswan the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Md. Rizwan, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Nutan Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Atima Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Ismat Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Sheela Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Anchana Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District -

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Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 2/5

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Darbhanga.

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Sanjay Mandal, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Janki Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Rinki Paswan, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Shahnaz Begum, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Rizwana Praveen, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Babita Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Sanjay Kumar, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Son Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Bimal Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Md. Dawir, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Sima Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Jinat Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum-

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Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 3/5

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Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Bikau Paswan, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Viveka Nand Jha, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Anil Bhandari, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Awadhesh Nayak, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Arun Kumar Mishra, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officercum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Annu Jha, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Deepak Kumar Pandit, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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Tahira Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cumExecutive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Awnish Kumar, Advocate For the Respondent/s : Mr. Sanjay Kumar Ghosarvey, AC to AAG-3

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 06-07-2026 1. The petitioner has filed the instant application for

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the following reliefs:

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Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 4/5

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“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notice dated 13.03.2026 issued under the signature of the Respondent no.5 and contained in his letter no.455 dated 13.03.2026, whereby and where under the Respondent no.5 had informed the petitioner to attend the special meeting of Block Panchayat Samiti on 14.03.2026 at 12.01 Noon for consideration of No Confidence Motion against the Up-Pramukh (Respondent no.7) and at 1.01 Noon for consideration of No Confidence Motion against the Pramukh of Block Panchayat Samiti, Jale (Respondent no.6.)

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(II) For issuance of an appropriate writ in the nature of MANDAMUS ， commanding and directing the Respondent no. 5 to produce on record the proceeding of special meeting dated 14.03.2026 of Block Panchayat Samiti, Jale in which motion of No Confidence was allegedly brought against the Respondent nos. 6 and 7 and the motion was rejected on the ground that 2/3rd of the elected members constituting Jale Block Panchayat Samiti did not go to attend the meeting and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that since the notice of special meeting itself was virtually served upon the members in the night of 13.03.2026 , their absence from the special meeting was natural and the notice was further a

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Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 5/5

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fraud upon the System.

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(III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no.6 to fix the date of special meeting of the Block Panchayat Samiti, Jale in view of the requisition dated 02.03.2026 in accordance with law for consideration of No Confidence Motion against himself and UpPramukh and a direction to the Respondent no.5 to do all needful for convening the special meeting in accordance with law.

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(IV) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”

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