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Patna High Court

Vidya BharativersusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was dismissed as withdrawn, without adjudicating the merits of the procedural challenges.

Summary

Vidya Bharati, the Zila Parishad Adhyaksh of Buxar, filed a writ petition seeking a mandamus directing the Deputy Development Commissioner to produce an order and a certiorari to quash a notice of a special Zila Parishad meeting dated 15‑02‑2024, alleging that the notice violated Sub‑section 4(i) and 4(iv) of Section 70 of the Bihar Panchayat Raj Act, 2006. The petitioner claimed that the requisitionists had not delivered their requisition to her and that the notice did not meet the statutory requirements, rendering the proposed no‑confidence motion invalid. The court entertained the petition but, after counsel for the petitioner requested permission to withdraw the application, the court dismissed the petition as withdrawn. No merits of the procedural challenges were examined. Consequently, the reliefs sought were not granted.

Issues considered

  • Whether the notice of the special Zila Parishad meeting complied with Sub‑section 4(i) of Section 70 of the Bihar Panchayat Raj Act, 2006.
  • Whether the notice complied with Sub‑section 4(iv) of Section 70 of the Bihar Panchayat Raj Act, 2006.
  • Whether a writ of mandamus or certiorari is the appropriate remedy in the circumstances.

Legislation cited

Subjects

  • writ jurisdiction
  • mandamus
  • certiorari
  • Zila Parishad
  • no‑confidence motion
  • procedural compliance
  • Section 70
  • Bihar Panchayat Raj Act

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3730 of 2024
     ======================================================
     Vidya Bharati wife of Arvind Kumar Singh, Resident of village and P.O.
     Kesath, P.S. Kesath, District - Buxar, presently Adhyaksh, Zila Parishad,
     Buxar, District-Buxar.

                                                          ... ... Petitioner/s
                                    Versus
1.   The State of Bihar Through the Chief Secretary, Government of Bihar,
     Patna.
2.   The Additional Chief Secretary, Panchayati Raj Department, Government of
     Bihar, Patna.
3.   The District Magistrate, Buxar District-Buxar.
4.   The Deputy Development Commissioner -cum- Chief Executive Officer,
     Zila Parishad, Buxar, District -Buxar.
5.   Smt. Nilam Devi wife of Sri Sunil Singh, Presently Up- Adhyaksh, Buxar
     Zila Parishad, P.O., P.S. and District Buxar.
6.   Saroj Devi Wife of not known to the petitioner the elected members of Zila
     Parishad, Buxar through the Deputy Development Commissioner -cum-
     Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
7.   Baby Devi Wife of not known to the petitioner the elected members of Zila
     Parishad, Buxar through the Deputy Development Commissioner -cum-
     Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
8.   Aarti Devi Wife of not known to the petitioner the elected members of Zila
     Parishad, Buxar through the Deputy Development Commissioner -cum-
     Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
9.   Sahana Khatoon Wife of not known to the petitioner the elected members of
     Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
     Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
10. Mamta Kumari Wife of not known to the petitioner the elected members of
    Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
    Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
11. Gayatri Devi Wife of not known to the petitioner the elected members of
    Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
    Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
12. Sanaina Devi Wife of not known to the petitioner the elected members of
    Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
    Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
13. Kedar Singh Son of not known to the petitioner the elected members of Zila
    Parishad, Buxar through the Deputy Development Commissioner -cum-
    Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
14. Rajiv Kumar Son of not known to the petitioner the elected members of Zila
    Parishad, Buxar through the Deputy Development Commissioner -cum-
    Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
15. Umarjan Wife of not known to the petitioner the elected members of Zila
         Patna High Court CWJC No.3730 of 2024(8) dt.24-03-2026
                                                     2/4




                 Parishad, Buxar through the Deputy Development Commissioner -cum-
                 Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           16. Dharmendra Kumar Thakur Son of not known to the petitioner the elected
               members of Zila Parishad, Buxar through the Deputy Development
               Commissioner -cum- Chief Executive Officer, Zila Parishad, Buxar, P.O.,
               P.S. and District -Buxar.
           17. Ashok Rai Son of not known to the petitioner the elected members of Zila
               Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           18. Arvind Pratap Shahi Son of not known to the petitioner the elected members
               of Zila Parishad, Buxar through the Deputy Development Commissioner
               -cum- Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District
               -Buxar.
           19. Pooja Devi Wife of not known to the petitioner the elected members of Zila
               Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           20. Kusum Devi Wife of not known to the petitioner the elected members of
               Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           21. Kamalwas Kuer Wife of not known to the petitioner the elected members of
               Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           22. Rina Kumari Wife of not known to the petitioner the elected members of
               Zila Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.
           23. Mauli Devi Wife of not known to the petitioner the elected members of Zila
               Parishad, Buxar through the Deputy Development Commissioner -cum-
               Chief Executive Officer, Zila Parishad, Buxar, P.O., P.S. and District -Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ramanuj Tiwary, Advocate
                                                  Mr. SBK Mangalam, Advocate
                                                  Mr. Awnish Kumar, Advocate
                                                  Mr. Rishi Raj, Advocate
                 For the State           :        Mr. Ajay Behari Sinha, GA- 8
                 For the SEC             :        Mr. Ravi Ranjan, Advocate
                                                  Mr. Girish Pandey, Advocate
                 For Respondent no. 8    :        Mr. Niranjan Kumar, Advocate
                                                  Mr. Rohan Kumar, Advocate
                                                  Mrs. Dikshika Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

8   24-03-2026                   1. The petitioner has filed the instant application for

                   the following reliefs:
Patna High Court CWJC No.3730 of 2024(8) dt.24-03-2026
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                                               “1.    (I)     For     issuance     of   an
                                  appropriate         writ     in     the      nature   of
                                  MANDAMUS, commanding and directing
                                  the Respondent no.3 to produce on record
                                  his order passed in pursuance of the order
                                  dated 23.01.2024 passed by a bench of this
                                  Hon'ble Court in C.W.J.C. No.1412 of 2024,
                                  whereby and where under the Respondent
                                  no.3 has been pleased to direct the
                                  Respondent no.4 to issue notice of the
                                  special meeting of Zila Parishad, Buxar on
                                  15.02.2024 and on production the same may
                                  be quashed by issuance of an appropriate
                                  writ in the nature of CERTIORARI on the
                                  ground that if it is the case of the petitioner
                                  that    in      compliance of         the provisions
                                  contained under Sub-Section -4 (i0 of
                                  Section- 70 of the Bihar Panchayat Raj Act,
                                  2006 (hereinafter referred to as the Gram
                                  Panchayat Act), the requisitionists had never
                                  delivered their requisition to the petitioner,
                                  on the basis of the impugned requisition of
                                  the requisitionists dated 05.01.2024, no
                                  special meeting of Zila Parishad can be
                                  convened         for       consideration       of     No
                                  Confidence Motion against the petitioner.
                                               (II)      For        issuance      of    an
                                  appropriate         writ     in     the      nature   of
                                  CERTIORARI for quashing the notice of
                                  special meeting dated 15.02.2024 issued by
           Patna High Court CWJC No.3730 of 2024(8) dt.24-03-2026
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                                             the Respondent no.4 to the petitioner vide
                                             his letter no.414 dated 02.02.2024, whereby
                                             and where under the Respondent no.4 has
                                             been pleased to inform the petitioner about
                                             the special meeting of Zila Parishad on
                                             15.02.2024 convened for consideration of
                                             No Confidence Motion against her on the
                                             ground that the notice issued by the
                                             Respondent no.4 does not comply the
                                             mandatory requirement of Sub- Section -4
                                             (iv) of Section -70 of the Gram Panchayat
                                             Act.
                                                          (III) 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.”

                                 2. Learned counsel for the petitioner seeks permission

                     to withdraw this application.

                                 3. In view of the above, this application is dismissed

                     as withdrawn.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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