Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 24431 (PAT)

Aniket Kumar Mishra v. The State of Bihar

CWJC/5831/2026 · 2026-07-06

Partha Sarthy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5831 of 2026 ====================================================== Aniket Kumar Mishra Son of Sri Murari Mishra, Resident of village- Kachhua, P.O. Chakauti, P.S. Jale, District Darbhanga, the elected member of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District Darbhanga. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3. The District Magistrate, Darbhanga, District- Darbhanga. 4. The Sub-Divisional Officer, Darbhanga Sadar, District - Darbhanga. 5. The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Jale District-Darbhanga. 6. Fulo Baitha, Son of not known to the petitioner, Presently Pramukh of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District - Darbhanga. 7. Abdur Rajik, Son of not known to the petitioner, Presently Pramukh of Block Panchayat Samiti, Jale, P.O. and P.S. Jale, District - Darbhanga. 8. Lalan Kumar Paswan, Son of Bhogi Paswan the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 9. Md. Rizwan, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 10. Nutan Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 11. Atima Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 12. Ismat Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 13. Sheela Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 14. Anchana Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 2/5 Darbhanga. 15. Sanjay Mandal, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 16. Janki Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 17. Rinki Paswan, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 18. Shahnaz Begum, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 19. Rizwana Praveen, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 20. Babita Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 21. Sanjay Kumar, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 22. Son Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 23. Bimal Devi, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 24. Md. Dawir, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 25. Sima Kumari, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 26. Jinat Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 3/5 Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 27. Bikau Paswan, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 28. Viveka Nand Jha, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 29. Anil Bhandari, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 30. Awadhesh Nayak, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 31. Arun Kumar Mishra, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer- cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 32. Annu Jha, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 33. Deepak Kumar Pandit, Son of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. 34. Tahira Khatoon, Wife of not known to the petitioner the elected member of Block Panchayat Samiti, Jale through the Block Development Officer-cum- Executive Officer, Block Panchayat Samiti, Jale , P.O. and P.S. Jale District - Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Awnish Kumar, Advocate For the Respondent/s : Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 06-07-2026 1. The petitioner has filed the instant application for the following reliefs: Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 4/5 “(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notice dated 13.03.2026 issued under the signature of the Respondent no.5 and contained in his letter no.455 dated 13.03.2026, whereby and where under the Respondent no.5 had informed the petitioner to attend the special meeting of Block Panchayat Samiti on 14.03.2026 at 12.01 Noon for consideration of No Confidence Motion against the Up-Pramukh (Respondent no.7) and at 1.01 Noon for consideration of No Confidence Motion against the Pramukh of Block Panchayat Samiti, Jale (Respondent no.6.) (II) For issuance of an appropriate writ in the nature of MANDAMUS , commanding and directing the Respondent no. 5 to produce on record the proceeding of special meeting dated 14.03.2026 of Block Panchayat Samiti, Jale in which motion of No Confidence was allegedly brought against the Respondent nos. 6 and 7 and the motion was rejected on the ground that 2/3rd of the elected members constituting Jale Block Panchayat Samiti did not go to attend the meeting and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that since the notice of special meeting itself was virtually served upon the members in the night of 13.03.2026 , their absence from the special meeting was natural and the notice was further a Patna High Court CWJC No.5831 of 2026(3) dt.06-07-2026 5/5 fraud upon the System. (III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no.6 to fix the date of special meeting of the Block Panchayat Samiti, Jale in view of the requisition dated 02.03.2026 in accordance with law for consideration of No Confidence Motion against himself and Up- Pramukh and a direction to the Respondent no.5 to do all needful for convening the special meeting in accordance with law. (IV) 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. Mr. S.B.K. Manglam, learned counsel appearing for the petitioner submits that as per the instruction received, the petitioner does not want to press the instant writ application. 3. In view of the above, the application is disposed of as not pressed. Amit/Bibhash (Partha Sarthy, J) U