Patna High Court
Aditi Kumari,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The High Court disposed the writ application without reaching the merits, directing the parties to appear before the Secretary, Panchayati Raj Department for a decision.
Summary
Aditi Kumari, Chairman of Zila Parishad Sitamarhi, challenged a recommendation dated 14‑02‑2026 by the Lok Prahari‑cum‑Divisional Commissioner to remove her under Section 70(5) of the Bihar Panchayat Raj Act, 2006. She filed a writ petition seeking certiorari to quash the recommendation, mandamus to retain her office, and relief on grounds of arbitrariness and violation of natural justice. The High Court earlier stayed any further action by the State pending a counter‑affidavit and a notice for her to appear before the Secretary, Panchayati Raj Department on 18‑03‑2026, which she failed to attend. On 15‑04‑2026 the Court disposed the writ application, ordering both petitioner and respondents to appear before the Secretary on 22‑04‑2026, who will decide the matter within six weeks, without addressing the merits. The Court clarified that any aggrieved party may challenge the Secretary’s decision through an appropriate application.
Issues considered
- Whether the recommendation for removal of the Zila Parishad Chairman under Section 70(5) of the Bihar Panchayat Raj Act, 2006 is arbitrary, perverse, and violative of natural justice.
- Whether the High Court should grant a writ of certiorari and/or mandamus to set aside the recommendation and allow the petitioner to continue in office pending a final decision.
Legislation cited
- Bihar Panchayat Raj Act, 2006 — s. 70(5)
Subjects
- writ of certiorari
- writ of mandamus
- natural justice
- administrative law
- Bihar Panchayat Raj Act
- removal of elected official
- stay of proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3101 of 2026
======================================================
Aditi Kumari, wife of Rajiv Kumar Bhandari, resident of Village and Post
Ranjitpur, Ward No. 11, P.S. Puroura, District Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Panchayati Raj
Department, Government of Bihar, Old Secretariat Building, Patna.
2. The Commissioner cum Dy. Director, Panchayati Raj, Tirhut Division,
Muzaffarpur.
3. The District Magistrate, Sitamarhi.
4. The Deputy Development Commissioner cum Chief Executive Officer, Zila
Parishad, Sitamarhi.
5. Sanjha Devi, wife of Sri. Narayan Singh, resident of Mohalla Majhaulia,
Mome Factory Campus, Near Kabristan, Ward No. 27, P.O. GPO, P.S.
Bhagwanpur, District Muzaffarpur. Presently Vice-Chairman, Zila Parishad,
Sitamarhi, District Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Vardhan Narayan, Advocate
For the State : Mr. Sajid Salim Khan, SC- 25
For the Zila Parishad : Mr. Ranjeet Kumar Pandey, Advocate
For Respondent no.5 : Mr. S.B.K. Mangalam, Advocate
Mr. Awnish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 15-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State of Bihar, learned counsel for the Zila
Parishad, Sitamarhi and learned counsel for the respondent no.5.
2. The petitioner has filed the instant application for
the following reliefs:
“1. I. Issue a writ of
certiorari for quashing and setting
aside the impugned order dated
Patna High Court CWJC No.3101 of 2026(4) dt.15-04-2026
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14.02.2026 passed in Lok Prahari
Case No. 12 of 2025 by the Lok
Prahari-cum-Divisional
Commissioner, Tirhut Division,
Muzaffarpur, recommending removal
of the petitioner from the post of
Adhyaksha/Chairman of the Zila
Parishad, Sitamarhi under Section
70(5) of the Bihar Panchayat Raj Act,
2006, as being arbitrary, perverse,
and unsustainable in law.
II. Issue a writ of mandamus
declaring that the petitioner continues
to hold the office of
Adhyaksha/Chairman of the Zila
Parishad, Sitamarhi, and directing the
respondents to permit her to discharge
her duties and functions in
accordance with law.
III. Issue a writ of certiorari
or any other appropriate writ, order
or direction for setting aside the
findings recorded by the Lok Prahari-
cum-Divisional Commissioner in the
aforesaid case, which are contrary to
the material on record and violative of
principles of natural justice.
IV. Issue a writ of
mandamus or any other appropriate
writ, order or direction commanding
Patna High Court CWJC No.3101 of 2026(4) dt.15-04-2026
3/4
the respondents not to give effect to
the impugned recommendation of
removal and to ensure that the
petitioner is allowed to function as
Adhyaksha/Chairman of the Zila
Parishad, Sitamarhi without
hindrance.
V. Pass such other writ(s),
order(s), or direction(s) as may be
deemed fit and proper in the interest
of justice, equity, and fair play.”
3. After hearing the parties, by order dated 10.3.2026,
while directing the respondents to file their counter affidavit in
the case, this Court had directed that during pendency of this
application, the respondent-State of Bihar shall not take further
steps pursuant to the recommendation made by the order
impugned dated 14.2.2026 passed in Lok Prahari Case no. 12 of
2025.
4. It transpires from letter no.4198 dated 12.3.2026
that a notice had been issued to the petitioner by the Officer on
Special Duty, Panchayati Raj Department, Government of Bihar
to appear before the Secretary, Panchayati Raj Department,
Bihar on 18.3.2026 at 11 am to place his case.
5. The said date for appearance i.e. 18.3.2026 has long
passed.
Patna High Court CWJC No.3101 of 2026(4) dt.15-04-2026
4/4
6. In view of the facts and circumstances of the case,
the writ application is disposed of directing both the petitioner
as also the other respondents including respondent no.5 to
appear before the Secretary, Panchayati Raj Department,
Government of Bihar on 22.4.2026 at 11 am on which date, the
respondent concerned shall fix a date for hearing the parties.
7. After hearing the parties, the Secretary, Panchayati
Raj Department, Government of Bihar shall decide the matter in
question with respect to the petitioner within a period of six
weeks.
8. In case of the petitioner being aggrieved by the
order passed, the petitioner will be at liberty to challenge the
said order as also the order impugned herein in an appropriate
application.
9. It is made clear that the Court has not entered into
the merits of the case of the petitioner which is to be decided by
the Secretary, Panchayati Raj Department, Government of
Bihar.
10. The writ application stands disposed of.
(Partha Sarthy, J)
sauravkrsinha/-
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