Patna High Court
Hare Krishna SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The petition is not a genuine public interest litigation and is dismissed.
Summary
Petitioners filed a writ petition claiming to be a public interest litigation seeking a court direction for the State and municipal authorities to consider an inquiry report and decide on the removal of Sri Nilesh Kumar as Chief Councillor under Section 25 of the Bihar Municipal Act, 2007. The State and Nagar Parishad raised a preliminary objection that the petition was mala fide, that the alleged respondent Nilesh Kumar was not joined, and that the case lacked public interest. The Court observed that one petitioner is a ward commissioner and the other a resident, indicating the dispute is essentially private rather than a genuine PIL. It also noted that the municipal authorities were already acting on the inquiry report and a show‑cause notice had been issued. Consequently, the Court found no sufficient ground to entertain the petition as a PIL and dismissed it.
Issues considered
- Whether the writ petition is maintainable as a genuine public interest litigation
- Whether the non‑joinder of the alleged respondent, Sri Nilesh Kumar, defeats the petition
- Whether the court can direct removal of a Chief Councillor under Section 25 of the Bihar Municipal Act, 2007
Legislation cited
- Bihar Municipal Act, 2007 — s. 25
Subjects
- public interest litigation
- writ petition
- municipal law
- removal of elected official
- maintainability
- non‑joinder of party
- Section 25
- Bihar Municipal Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5242 of 2026
======================================================
1. Hare Krishna Singh S/o- Bindeshwari Singh, R/o- Moldiyar Tola, Ward No.-
12, Mokama, Patna- 803302.
2. Deepak Kumar, S/o- Sri Anil Kumar, R/o- Sahvegpur, Ward No.- 22,
Mokama, Patna- 803302.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Urban Development and
Housing Department, Government of Bihar, Vikash Bhawan, New
Secretariat, Bailey Road, Patna-800015.
2. The Secretary, Urban Development and Housing Department, Government
of Bihar, Vikash Bhawan, New Secretariat, Bailey Road, Patna-800015
3. The District Magistrate, Patna, Bihar.
4. The Executive Officer, Nagar Parishad, Mokama, Patna, Bihar.
5. The Sub- Divisional Magistrate, Barh, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Tiwari, Adv.
Mr. Abhishek Kumar, Adv.
For the State : Mr. P.K. Verma, Sr. Adv.
Mr. Sanjay Kumar Ghosarvey, Adv.
For Nagar Parishad Mokama : Mr. Vikas Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 08-05-2026 The instant writ petition has been filed in the nature of
Public Interest Litigation, seeking a direction upon respondent
nos. 1 to 5 to forthwith consider the inquiry report dated
22.05.2025 along with the show cause reply submitted by Sri
Nilesh Kumar, and thereafter take a reasoned decision, in
accordance with law, as to whether Sri Nilesh Kumar is liable to
Patna High Court CWJC No.5242 of 2026(2) dt.08-05-2026
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be removed from the office of Chief Councillor under Section
25 of the Bihar Municipal Act, 2007, within a time frame to be
fixed by this Hon’ble Court.
2. Learned Senior Counsel, Mr. P.K. Verma, appearing
on behalf of the State, as also Mr. Vikas Kumar, learned counsel
appearing for Nagar Parishad, Mokama, raised a preliminary
objection with regard to the maintainability of the present writ
petition on the ground that the same smacks mala fide; besides,
said Nilesh Kumar, against whom allegations have been levelled
and whose removal is being sought, has not been impleaded as a
party respondent and, therefore, the writ petition is liable to be
dismissed on account of non-joinder of a necessary party and
lacking the element of public interest.
3. Having heard learned counsel for the respective
parties and upon consideration of the materials available on
record, this Court takes note of the fact that petitioner no. 1 is a
duly elected Ward Commissioner of Ward No. 12, Nagar
Parishad, Mokama, whereas petitioner no. 2 is a permanent
resident of Ward No. 22, Mokama. Prima facie, this Court is of
the view that the dispute raised in the present writ petition does
not partake the character of a genuine Public Interest Litigation,
rather it appears to be in the nature of a private dispute sought to
Patna High Court CWJC No.5242 of 2026(2) dt.08-05-2026
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be agitated under the guise of a Public Interest Litigation.
4. The materials on record further indicate that the
concerned Municipal Authorities and the Department are
already proceeding pursuant to the inquiry report and a show
cause notice has also been issued in the matter. In such
circumstances, this Court does not find any sufficient ground to
entertain the present writ petition as a Public Interest Litigation.
Accordingly, the writ petition stands dismissed.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U
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