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Patna High Court

Sabanam Pravin @ Shabnam PravinversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was disposed of as withdrawn.

Summary

Shabnam Pravin, Chief Councilor of Kochas Nagar Panchayat, filed a writ petition seeking a mandamus directing the District Magistrate to administer oath to three nominated members of the Empowered Standing Committee under Section 24(2)(b) of the Bihar Municipal Act, 2007. The petition relied on a letter dated 05‑08‑2025 nominating the members. During the proceedings, an amendment to Section 21(3) of the same Act and a subsequent government notification were issued, prompting the petitioner to request withdrawal of the application. The Court considered the effect of the amendment and the petitioner’s request. No substantive merits were adjudicated as the petitioner voluntarily withdrew the petition. Consequently, the Court disposed of the application as withdrawn.

Issues considered

  • Whether the District Magistrate is obligated under Section 24(2)(b) of the Bihar Municipal Act, 2007 to administer oath to the nominated members of the Empowered Standing Committee.
  • Whether the amendment to Section 21(3) of the Bihar Municipal Act, 2007 and the related notification affect the petitioner’s right to seek mandamus.
  • Whether the Court should entertain the petition after the petitioner’s request for withdrawal.

Legislation cited

Subjects

  • mandamus
  • municipal law
  • empowered standing committee
  • administration of oath
  • withdrawal of petition
  • Bihar Municipal Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3258 of 2026
                 ======================================================
                 Sabanam Pravin @ Shabnam Pravin wife of Mohammad Naim Shah @ Md.
                 Naim Shah, resident of village and P.O. Gara, P.S. Kochas, District Rohtas at
                 Sasaram, presently residing at Ward No.4, Kochas, P.O. and P.S. Kochas,
                 District - Rohtas at Sasaram, presently Chief Councilor, Nagar Panchayat
                 Kochas, P.O. and P.S. Kochas, District - Rohtas at Sasaram.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Urban Development and Housing Department,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Rohtas at Sasaram, District-Rohtas at Sasaram.
           4.    The Executive Officer, Nagar Panchayat, Kochas, P.O. and P.S. Kochas,
                 District Rohtas at Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Awnish Kumar, Advocate
                 For the State           :       Mr. Sita Ram Yadav, G.P.-16
                 For the Respondent no.4 :       Mr. Ashok Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   15-04-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The petitioner has filed the instant application for

                   the following relief(s):

                                                 “I. For issuance of an appropriate writ in
                                     the nature of MANDAMUS, commanding and
                                     directing    the    Respondent      no.3   either     for
                                     administration of oath to the nominated members of
                                     the Empowered Standing Committee of Nagar
                                     Panchayat, Kochas or to authorize a person for such
                                     purpose in view of the provisions contained under
                                     Section 24(2) (b) of the Bihar Municipal Act, 2007 in
            Patna High Court CWJC No.3258 of 2026(4) dt.15-04-2026
                                                        2/2




                                        view of the letter dated 05.08.2025 of the writ
                                        petitioner by which she had nominated three
                                        members of Nagar Panchayat as the Members of
                                        Empowered Standing Committee of Kochas Nagar
                                        Panchayat.
                                        (II) 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.”
                                  3. In view of the amendment of section 21(3) of the

                      Bihar Municipal Act, 2007 and the consequent notification

                      issued by the Urban Development and Housing Department,

                      Government of Bihar, learned counsel for the petitioner seeks

                      liberty to withdraw the instant application.

                                  4. In view of the above, the application is disposed of

                      as withdrawn.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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