Patna High Court
Vidya BharativersusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The application was dismissed as withdrawn, without adjudicating the merits of the procedural challenges.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after counsel for the petitioner requested permission to withdraw the application, the court dismissed the petition as withdrawn.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
- Bihar Panchayat Raj Act, 2006 — s. 70(4)(i), 70(4)(iv)
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
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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
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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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