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Patna High Court

Sangam KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Sangam Kumari, filed a writ petition seeking a certiorari to quash a letter dated 16 January 2026 that deferred a requisition for a special meeting to discuss a no‑confidence motion against the Pramukh of Panchayat Samiti, Puranhiya, and also sought a mandamus directing the respondents to convene such a meeting under Section 44 of the Bihar Panchayat Raj Act. The petition also requested any other appropriate reliefs. Subsequently, counsel for the petitioner sought permission to withdraw the application. The Court granted the withdrawal and dismissed the application as withdrawn.

Issues considered

  • What relief, if any, is appropriate when a petition seeking certiorari and mandamus is withdrawn by the petitioner?

Subjects

  • certiorari
  • mandamus
  • no-confidence motion
  • Panchayat Samiti
  • Bihar Panchayat Raj Act
  • withdrawn application
  • writ jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3857 of 2026
     ======================================================
     Sangam Kumari Wife of Pankaj Kumar, Resident of Village- Hathisar, Ward
     No.-06, P.O.- Basantpatti, P.S.-Puranhiya, District- Seohar, Bihar.

                                                              ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Additional Chief Secretary, Panchayati Raj
     Department, Govt. of Bihar, Patna.
2.   The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
     Patna.
3.   The District Election Officer-cum-District Magistrate, Sheohar, Bihar.
4.   The District Panchayat Raj Officer, Sheohar, Bihar.
5.   The Block Development Officer-cum- Executive Officer, Panchayat Samiti,
     Puranhiya, Sheohar, Bihar.
6.   The State Election Commission through the State Election Commissioner,
     Bihar, Patna.
7.   The Secretary, State Election Commission, Bihar, Patna.
8.   Pramod Sah, Son of Upendra Sah, Resident of Village- Bakhar Chandhiha,
     P.S.- Purnahiya, District- Sheohar.
9.   Satan Ray, Son of-Kali Ray, Resident of Village- Kolhua Thikha, P.S.-
     Purnahiya, District- Sheohar
10. Nitu Kumari, Wife of Anil Ram, Resident of Village- Bairiya, P.S.-
    Purnahiya, District- Sheohar.
11. Lalan Ram, Son of Late Rambalak Ram, Resident of Village Adauri, P.S.-
    Purnahiya, District-Sheohar.
12. Amrita Kumari, Wife of Anil Kumar Sah, Resident of Village-Basant Patti,
    P.S. Purnahiya, District- Sheohar.
13. Gulab Devi, Wife of -Achaldev Sahni, Resident of village Basant JagJivan,
    P.S. Purnahiya, District-Sheohar.
14. Asha Devi, Wife of- Prabhu Thakur, Resident of village-Dostiya (Dosti
    Mohamadpur), P.S.- Purnahiya, District-Sheohar.
15. Sudha Jha, Wife of- Nandeswar Jha, Resident of village-Chakfateha, P.S.-
    Purnahiya, District-Sheohar.
16. Aashutosh, Son of Prem Shankar Yadav, Resident of village- Dostiya (Dosti
    Mohamadpur), P.S.-Purnahiya, District-Sheohar.
17. Shyam Prasad Thakur, Son of- Vishnu Thakur, Resident of village-Barahi
    Jagjagdish, P.S.- Purnahiya, District- Sheohar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Devashish Giri, Advocate
         Patna High Court CWJC No.3857 of 2026(3) dt.06-04-2026
                                                      2/3




                                                  Ms. Shrishti Singh, Advocate
                                                  Ms. Riya Giri, Advocate
                 For the State           :        Mr. S.C. Mishra, SC-16
                 For the S.E.C           :        Mr. Ravi Ranjan, Advocate
                                                  Mr. Girish Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   06-04-2026                   The petitioner has filed the instant application for the

                   following relief (s) :-

                                    “1. I. For issuance of an appropriate writ(s)/
                                    order(s)/     direction(s)    in     the     nature   of
                                    CERTIORARI to quash and set aside the letter
                                    no.- 65 dated 16.01.2026 (as contained in
                                    Annexure-P4, Pg. 31) issued by the Block
                                    Development Officer, Puranhiya by which the
                                    requisition dated 14.01.2026 for convening
                                    special meeting for discussion on no-confidence
                                    motion against the Pramukh (respondent no.-08)
                                    submitted by six members of Panchayat Samiti,
                                    Puranhiya including the petitioner has been
                                    deferred.
                                    II. For issuance of an appropriate writ(s)/
                                    order(s)/     direction(s)    in     the     nature   of
                                    MANDAMUS commanding the respondents to
                                    convene a special meeting for discussion on no-
                                    confidence motion in accordance with S. 44 of
                                    the Bihar Panchayat Raj Act against the
                                    Pramukh      of    Panchayat       Samiti,   Puranhiya
                                    (respondent no.-08) on the requisition dated
                                    14.01.2026 or 02.02.2026 submitted by six
                                    members of the said Panchayat Samiti including
                                    the petitioner.
                                    III. For any other relief/reliefs to which the
         Patna High Court CWJC No.3857 of 2026(3) dt.06-04-2026
                                                     3/3




                                    petitioner is deemed to be entitled as per the facts
                                    and circumstances of the case.”


                               2. Learned counsel for the petitioner seeks permission

                   to withdraw this application.

                               3. The application is dismissed as withdrawn.



                                              (Partha Sarthy, J)
Shiv/-

U


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