Patna High Court

Anita DeviversusThe State of Bihar

Decided: 16 March 2026
Disposal: WITHDRAWN
Bench: PARTHA SARTHY

Holding

The application was dismissed as withdrawn, so no substantive ratio decidendi on the merits was rendered.

Summary

Anita Devi and Randhir Kumar, block panchayat officials, challenged a requisition signed by 14 elected members seeking a special meeting to consider a no‑confidence motion against them. They filed an application for certiorari to quash the requisition and a related letter, contending that the requisition was not lawfully issued under Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006. The petitioners also sought a declaration that the requisition was invalid and that no special meeting could be convened on its basis. While the petition was pending, counsel for the petitioners withdrew the application. Consequently, the court dismissed the application as withdrawn without addressing the substantive issues. The dismissal left the procedural validity of the requisition unresolved.

Issues considered

Whether the requisition signed by the elected members is a valid requisition under Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006.
Whether the court has jurisdiction to quash the requisition and the accompanying letter.
Whether a special meeting of the Block Panchayat Samiti can be convened based on the disputed requisition.

Legislation cited

Bihar Panchayat Raj Act, 2006 — s. 44(3)(i)

Subjects

Panchayat
No‑confidence motion
Certiorari
Requisition
Section 44
Procedural defect
Block Panchayat

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3376 of 2026
======================================================
1. Anita Devi Wife of Manoj Kumar, Resident of Main Road, Near Panjab
National Bank, P.O. and P.S. Fatehpur, District- Gayaji, presently Pramukh
of Block Panchayat Samiti, Fatehpur, District- Gayaji.
2. Randhir Kumar @ Randhir Prasad, Son of Laljit Kumar Singh, Resident of
village- Halimchak, P.O. Ekamba, P.S. Fatehpur, District- Gayaji, presently
Up-Pramukh of Block Panchayat Samit, Fatehpur, District- Gayaji.

... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3. The District Magistrate, Gayaji, District- Gayaji.
4. The Sub-Divisional Officer, Gayaji District- Gayaji.
5. The Block Development Officer-cum-Executive Officer, Block Panchayat
Samiti, Fatehpur, P.O. and P.S. Fatehpur, District- Gayaji.
6. Bigan Chaudhary, son of not known to the petitioners, the elected members
of Block Panchayat Samiti, Fatehpur through the Block Development
Officer -cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and
P.S. Fatehpur, District- Gayaji.
7. Dilip Kumar, Son of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
8. Sonma Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
9. Rina Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
10. Munni Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
11. Ramanti Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
12. Ranju Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
Patna High Court CWJC No.3376 of 2026(2) dt.16-03-2026
2/5

13. Rita Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
14. Girja Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
15. Kumari Umda, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
16. Kalo Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
17. Usha Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
18. Pramod Paswan, Son of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
19. Rajesh Kumar, Son of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
20. Mukesh Kumar, Son of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
21. Arvind Rajbansh, Son of not known to the petitioners, the elected members
of Block Panchayat Samiti, Fatehpur through the Block Development
Officer -cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and
P.S. Fatehpur, District- Gayaji.
22. Ranju Kumari, wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
23. Kamla Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
24. Jalsi Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Patna High Court CWJC No.3376 of 2026(2) dt.16-03-2026
3/5

Fatehpur, District- Gayaji.
25. Anita Devi, Wife of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.
26. Renuka Chaudhary, Wife of not known to the petitioners, the elected
members of Block Panchayat Samiti, Fatehpur through the Block
Development Officer -cum- Executive Officer, Block Panchayat Samit,
Fatehpur, P.O. and P.S. Fatehpur, District- Gayaji.
27. Gudiya Kumari, Wife of not known to the petitioners, the elected members
of Block Panchayat Samiti, Fatehpur through the Block Development
Officer -cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and
P.S. Fatehpur, District- Gayaji.
28. Shankar Kumar, Son of not known to the petitioners, the elected members of
Block Panchayat Samiti, Fatehpur through the Block Development Officer
-cum- Executive Officer, Block Panchayat Samit, Fatehpur, P.O. and P.S.
Fatehpur, District- Gayaji.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate
Mr. S.B.K. Mangalam, Advocate
Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER

2 16-03-2026 1. The petitioners have filed the instant application for

the following reliefs:

“1. (I) For issuance of an
appropriate writ in the nature of
CERTIORARI for quashing the requisition
dated NIL singed by 14 elected members of
the Block Panchayat Samiti, Fatehpur in the
District of Gayaji which was forwarded to
the petitioner no.1 by the Respondent no.5
on 21.02.2026, whereby and where under the
requisitionists have requested for convening
the special meeting of Block Panchayat
Patna High Court CWJC No.3376 of 2026(2) dt.16-03-2026
4/5

Samiti for consideration of No Confidence
Motion against the petitioners.
(II) For issuance of an
appropriate writ in the nature of
CERTIORARI for quashing the letter dated
24.02.2026 issued under the signature of the
Respondent no.5 and contained in his letter
no.213 dated 24.02.2026, whereby and
where under, he has been pleased to request
the petitioner no.2 for fixing the date of
special meeting for consideration of No
Confidence Motion against the writ
petitioners on failure of the petitioner no.1 to
fix the date of special meeting though she
was requested by the Respondent no.5 vide
his letter no.204 dated 21.02.2026.
(III) For a declaration that since
the requisition dated NIL is routed through
the Executive Officer and it has not been
presented before the petitioner no.1 in the
manner prescribed under Section 44 (3) (i)
of the Bihar Panchayat Raj Act,2006
(hereinafter referred to as the Gram
Panchayat Act), the requisition is not a legal
requisition in the eye of law and no special
meeting can be convened in pursuance of the
same for consideration of No Confidence
Motion against the petitioners.
(IV) For issuance of any other
appropriate writ/writs, order/orders,
Patna High Court CWJC No.3376 of 2026(2) dt.16-03-2026
5/5

direction/directions for which the writ
petitioners would be found entitled under the
facts and circumstances of the case.”

2. Mr. Kumar Gaurav, learned counsel on instructions

prays to withdraw this application.

3. The application is dismissed as withdrawn.

(Partha Sarthy, J)
sauravkrsinha/-

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