Patna High Court

Puspa JhaversusThe State of Bihar

Decided: 25 June 2026
Disposal: DISPOSED
Bench: GIRIJISH KUMAR

Holding

The Court did not decide the merits but disposed of the writ application, granting liberty to file a representation before the SEC and directing the SEC to dispose of it within three months.

Summary

Puspa Jha, a Panchayat Samiti Pramukh, filed a writ petition seeking quashing of Letter No.1257 dated 08/05/2026, mandamus directing the District Magistrate to follow Supreme Court guidelines on no‑confidence motions, and other reliefs. The petition also requested the Court to allow her to file a representation before the State Election Commission (SEC) of Bihar. Both parties consented to dispose of the application at the admission stage without adjudicating the merits. The Court granted liberty to the petitioner to file the representation within 15 days and directed the SEC to dispose of it within three months with a reasoned order. No opinion was expressed on the maintainability or substantive issues of the writ.

Issues considered

Whether Letter No.1257 is illegal, arbitrary and liable to be quashed by certiorari.
Whether a writ of mandamus can be issued directing the District Magistrate to follow Supreme Court guidelines on no‑confidence motions.
Whether the petitioner may be directed to file a representation before the State Election Commission and the SEC be bound to decide it within a fixed period.

Subjects

writ jurisdiction
certiorari
mandamus
representation
State Election Commission
no confidence motion
administrative law
procedural direction

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 7889 of 2026
======================================================
Puspa Jha Wife of Nil Many Jha, Resident of Village - Mirzapur Jagni, P.S. -
Singhwara, District - Darbhanga, presently Pramukh, Singhwara Panchayat
Samiti, District - Darbhanga.

... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The State Election Commission, Bihar through the State Election
Commissioner, Sone Bhawan, Bir Chand Patel Path, Patna.
3. The Additional Chief Secretary, Panchayat Raj Department, Government of
Bihar, Patna.
4. The District Magistrate, District - Darbhanga.
5. The Block Development Officer-cum-Executive Officer, Singhwara, District
- Darbhanga.
6. Block Panchayat Raj Officer-cum-Executive Officer, Panchayat Samiti,
Singhwara, Darbhanga.
7. Indu Devi, Panchayat Samiti Member, Territorial Constituency No.-01,
Sanahpur Buzurg, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
8. Sita Rai, Panchayat Samiti Member, Territorial Constituency No.- 02, Raja,
through Block Development Officer-cum-Executive Officer, Singhwara
Block Office, Singhwara, Darbhanga.
9. Pushpa Kumari, Panchayat Samiti Member, Territorial Constituency No -03,
Rampura, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
10. Beena Devi, Panchayat Samiti Member, Territorial Constituency No.-05,
Shankarpur, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
11. Rajni Khatoon, Panchayat Samiti Member, Territorial Constituency No.- 06,
Shankarpur, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
12. Nagina Devi, Panchayat Samiti Member, Territorial Constituency No.- 07,
Katka, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
13. Raja Paswan, Panchayat Samiti Member, Territorial Constituency No.-08,
Katka, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
14. Kiran Devi, Panchayat Samiti Member, Territorial Constituency No.-09,
Hariharpur Purbi, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
15. Jitendra Khatoon, Panchayat Samiti Member, Territorial Constituency No.-
10, Hariharpur Purbi, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
Patna High Court CWJC No. 7889 of 2026(2) dt.25-06-2026
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16. Md. Arif Alam, Panchayat Samiti Member, Territorial Constituency No. 11,
Hariharpur Purbi, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
17. Dilip Das, Panchayat Samiti Member, Territorial Constituency No.-12,
Tektari, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
18. Shahnawaz Das, Panchayat Samiti Member, Territorial Constituency No.-13,
Tektari, through Block Development Officer-cum-Executive Office,
Singhwara Block Office, Singhwara, Darbhanga.
19. Mohammad Kaushar Ansari, Panchayat Samiti Member, Territorial
Constituency No.-14, Tektari, through Block Development Officer-cum-
Executive Officer, Singhwara Block Office, Singhwara, Darbhanga.
20. Madhu Devi, Panchayat Samiti Member, Territorial Constituency No.-15,
Kaligaon, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
21. Pramod Kumar Rai, Panchayat Samiti Member, Territorial Constituency
No.-16, Argaus, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
22. Bharat Bhushan, Panchayat Samiti Member, Territorial Constituency No.-17,
Bhawanipur, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
23. Manju Devi, Panchayat Samiti Member, Territorial Constituency No.-18,
Bhawanipur, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
24. Archana Devi, Panchayat Samiti Member, Territorial Constituency No.-19,
Manikouli, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
25. Pramod Kumar Singh, Panchayat Samiti Member, Territorial Constituency
No.-20, Manikouli, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
26. Manik Kumar, Panchayat Samiti Member, Territorial Constituency No.-21,
Katasa, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
27. Lalita Devi, Panchayat Samiti Member, Territorial Constituency No.-22
Katasa, Through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
28. Munni Devi, Panchayat Samiti Member, Territorial Constituency No.-23,
Mahrauli, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
29. Bairo Kumar, Panchayat Samiti Member, Territorial Constituency No.-24,
Katasa, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
30. Poonam Das, Panchayat Samiti Member, Territorial Constituency No.-25,
Rampura, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
31. Santo Devi, Panchayat Samiti Member, Territorial Constituency No.-26,
Patna High Court CWJC No. 7889 of 2026(2) dt.25-06-2026
3/5

Rampura, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
32. Md. Salman Ansari, Panchayat Samiti Member, Territorial Constituency
No.-27, Sihori, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
33. Rinku Kumari Yadav, Panchayat Samiti Member, Territorial Constituency
No.-28. Sihori, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
34. Babita Devi, Panchayat Samiti Member, Territorial Constituency No.-29.
Bharwari, through Block Development Officer-cum-Executive Officer.
Singhwara Block Office, Singhwara, Darbhanga.
35. Sunil Das, Panchayat Samiti Member, Territorial Constituency No.- 30,
Madhopu. Basatwara, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
36. Kanchan Devi, Panchayat Samiti Member, Territorial Constituency No.-31,
Madhopur Basatwara, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
37. Chakor Narayan Rai, Panchayat Samiti Member, Territorial Constituency
No.-32, Arai Birta, through Block Development Officer-cum-Executive
Officer, Singhwara Block Office, Singhwara, Darbhanga.
38. Rubina, Panchayat Samiti Member, Territorial Constituency No.-33, Arai
Birta, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
39. Bhumi Devi, Panchayat Samiti Member, Territorial Block Constituency No.-
34, Harpur, through Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
40. Lal Babu Paswan, Panchayat Samiti Member, Territorial Constituency No.-
35, Bharwara, through Block Development Officer-cum-Executive Officer,
Singhwara Block Office, Singhwara, Darbhanga.
41. Usha Devi, Panchayat Samiti Member, Territorial Block Constituency No.-
36, Banouli, Through Development Officer-cum-Executive Officer,
Singhwara Block Singnwara, Office, Darbhanga.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan
For the Respondent/s : Mr. Government Pleader (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL ORDER

2 25-06-2026 Heard learned counsel for the petitioner and learned

counsel for the respondent.

2. With the consent of both the parties, this writ
Patna High Court CWJC No. 7889 of 2026(2) dt.25-06-2026
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application is being disposed of at admission stage itself.

3. In the present writ application the petitioner has prayed

for the grant of following reliefs:-

“(a) To issue an appropriate writ, order or
direction, including a writ in the nature of
Certiorari, for quashing the impugned Letter No.
1257 dated 08/05/2026 issued by the Respondent
No. 4 (Annexure P/1) on the ground that the said
letter is illegal, arbitrary and without application of
mind.

(b) To issue an appropriate writ, order or
direction, including a writ in the nature of
Mandamus directing the District Magistrate,
Darbhanga to strictly follow the judicial
guidelines laid down by Honourable Supreme
Court in SLP No. 12490/2024 for No Confidence
Motions brought against the Adhyaksha/elected
representatives in Bihar.

4. During the course of argument, learned counsel for the

petitioner submits that the petitioner may be permitted to file a

representation before the respondent no. 2, i.e., The State Election

Commission, Bihar and appropriate direction may be issued to

dispose of the same within a fixed time frame, after giving an

opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel

for the petitioner, learned counsel appearing for respondent does not

have any objection.

6. Considering the limited nature of prayer being made by
Patna High Court CWJC No. 7889 of 2026(2) dt.25-06-2026
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learned counsel for the petitioner, this writ application is disposed of

granting liberty to the petitioner to file a representation/application

before the respondent no. 2 , i.e. The State Election Commission,

Bihar within 15 days from today and if such a

representation/application is filed within the stipulated time then the

respondent no. 2, i.e., The State Election Commission, Bihar is

directed to dispose of the same within a period of three months from

the date of receipt of such representation/application, after giving an

opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall

be passed by the respondent no. 2, should be a reasoned and speaking

order.

8. This Court has not expressed any opinion on the merit

of the case including maintainability of the writ application.

9. With the aforesaid observation/direction and liberty

granted, this writ application is disposed of.

10. All pending interlocutory application(s), if any, shall

also be deemed to have been disposed of.

dhaneshwar/- (Girijish Kumar, J)

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Kumar Harshvardhan