Patna High Court – Orders
Ranju Devi vs The State Of Bihar on 21 May, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8261 of 2026
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Ranju Devi
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Niranjan Kumar, Advocate
For the State : Mr. Standing Counsel (7)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026
This matter has been taken up by the Civil and
Criminal Application Motion Bench during the summer
vacation through virtual mode.
2. Heard the parties through virtual mode.
3. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature of
Certiorari for quashing the requisition dated
16.05.2026 directly presented before the
Respondent No. 6, the Block Development
Officer, Sonbarsa-cum-Executive Officer, Block
Panchayat Samiti, Sonbarsa, District-Saharsa
addressed to the post of Pramukh, not the
person, who holds the post of Pramukh without
serving/presenting the requisition for such
Patna High Court CWJC No.8261 of 2026(2) dt.21-05-2026
2/6Special Meeting to the Petitioner in writing, in
complete teeth of Section-44(3)(i) and 44(3)(ii)
as well as Section-44(3)(iv) of the Bihar
Panchayat Raj Act, 2006 and ratio laid down in
the catena of judgments of the Hon’ble Apex
Court of India and the Hon’ble Patna High
Court, Patna, the said requisition directly given
to the Executive Officer, (Panchayat Samiti)-
cum-Block Development Officer, Sonbarsa,
whereby and whereunder, a request has been
made from Respondent No. 6 (Executive Officer)
by the requisitionists to communicate the said
requisition to the Petitioner to fix the date for
Special Meeting from want of No Confidence
Motion against the Petitioner / Pramukh and the
said requisition has simply been communicated
through Memo No. 682-2 dated 16.05.2026, CC
to all Members of the Panchayat Samiti,
Sonbarsa, Up-Pramukh. Pramukh and other
authorities including District Magistrate,
Saharsa, in a complete violation of mandatory
provisions enshrined under Section-44 of the
Patna High Court CWJC No.8261 of 2026(2) dt.21-05-2026
3/6
Act, 2006.
(ii) for a declaration that if a
particular Statute has prescribed a particular
procedure for certain act, the act has to be done
in the manner prescribed. Since the
requisitionists members have presented the
impugned requisition directly to the Respondent
No. 6, neither presented to the Pramukh nor
addressed by specific containing the name of the
person, who holds the post of Pramukh Sonbarsa
Block, Saharsa but the same has been presented
before the Block Development Officer Sonbarsa-
cum-Executive Officer, Panchayat Samiti,
Sonbarsa ignoring the fact that No Confidence
Motion may be brought against the Pramukh,
who holds the post and the same is against the
procedure prescribed under Sub-Section 3 (i)
and 3 (ii) as well as 3(iv) of Section-44 of the
Gram Panchayat Act, 2006.
(iii) for staying the operation of
requisition dated 16.05.2026 directly presented
before the Respondent No. 6, the Block
Patna High Court CWJC No.8261 of 2026(2) dt.21-05-2026
4/6
Development Officer, Sonbarsa-cum-Executive
Officer, Block Panchayat Samiti, Sonbarsa,
District-Saharsa addressed to the post of
Pramukh, not the person, who holds the post of
Pramukh without serving / presenting the
requisition for such Special Meeting to the
Petitioner in writing, in complete teeth of
Section-44(3)(i) and 44(3)(ii) as well as Section-
44(3)(iv) of the Bihar Panchayat Raj Act, 2006
and ratio laid down in the catena of judgments
of the Hon’ble Apex Court of India and the
Hon’ble Patna High Court, Patna, the said
requisition directly given to the Executive
Officer, (Panchayat Samiti)-cum-Block
Development Officer, Sonbarsa, whereby and
whereunder, a request has been made from
Respondent No. 6 (Executive Officer) by the
requisitionists to communicate the said
requisition to the Petitioner to fix the date for
Special Meeting from want of No Confidence
Motion against the Petitioner / Pramukh and the
said requisition has simply been communicated
Patna High Court CWJC No.8261 of 2026(2) dt.21-05-2026
5/6
through Memo No. 682-2 dated 16.05.2026, CC
to all Members of the Panchayat Samiti,
Sonbarsa, Up-Pramukh, Pramukh and other
authorities including District Magistrate,
Saharsa, in a complete violation of mandatory
provisions enshrined under Section-44 of the
Act, 2006.
(iv) for any other relief/reliefs for
which the petitioner is entitled for in the facts
and circumstances of the case.”
4. The case of the petitioner is that in complete
violation of section 44 of the Bihar Panchayat Raj Act, 2006
(henceforth for short ‘the Act’), instead of presenting the
requisition for special meeting to the petitioner who is serving
as ‘Pramukh’, it was sent to the Executive Officer-cum-Block
Development Officer, Sonbarsa who in a routine manner
forwarded it to this petitioner.
5. Learned State counsel submits that he shall be
filing affidavit in the matter on behalf of the respondents.
6. This Court has gone through the requisition and is
prima facie satisfied that a case has been made out.
7. Issue notice to the respondent nos. 7 to 29 through
Patna High Court CWJC No.8261 of 2026(2) dt.21-05-2026
6/6
both processes i.e. ordinary as well as registered cover with A/D
for which requisites etc. must be filed within a period of one
week failing which the application shall stand rejected without
further reference to the Bench.
8. In case, the order passed is not complied and the
matter accordingly stands dismissed, subsequently, the same be
posted under the heading ‘To be Mentioned’.
9. The respondent shall be filing reply within a period
of two weeks after summer vacation after service of copy to the
learned counsel for the petitioner.
10. Till the next date of hearing, the requisition dated
16.05.2026 shall remain stayed.
11. List this case on 02.07.2026.
(Rajiv Roy, J)
vinayak/-
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