IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19996 of 2010 MONI GUPTA WIFE OF SRI DHEEAJ KUMAR, RESIDENT OF VILLAGE- RUNNI SAIDPUR, P.S.- RUNNI SAIDPSUR, DISTRICT- SITAMARHI (BIHAR). … PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA (BIHAR). 2. THE STATE ELECTION COMMISSION, SONE BHAWAN, BIR CHAND PATEL PATH, BIHAR, PATNA THROUGH ITS CHIEF COMMISSIONER. 3. THE DIRECTOR, PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, SITAMARHI, DISTRICT- SITAMARHI (BIHAR). 5. THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BLOCK-RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 6. GEETA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 7. PRIYANKA MISHRA WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 8. YUGAL KISHORE SAH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 9. RAM KRISHNA JHA SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 10. YOG NARAYAN SAH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 2 11. SARSWATI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 12. RAM UDAR RAI SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 13. KAMAL SAH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 14. BAIJU SAH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 15. SATISH KUMAR SHAHI SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 16. MUMTAJ AHMAD SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 17. URMILA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 18. MAHESH THAKUR SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 19. RAM CHANDRA PANDIT SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK- RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 20. VISHWANATH MAHTO SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 3 21. KISHORI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 22. NITU DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 23. SATYA PRAKASH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 24. TARA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 25. KAMINI SINGH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 26. RANI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 27. IMTIYAZ KASMI SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 28. GANGA CHOUDHARY SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 29. INDRA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 30. GYANI SAH SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 31. ROZY KUMARI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF 4 VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 32. MALTI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 33. SUSHIL KUMAR SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 34. BABITA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 35. SUMAN DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 36. BHARTI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 37. NILAM RAI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 38. PRAM LAL YADAV SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 39. ARCHANA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 40. TABASSUM KHATOON WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 41. SITA DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 5 42. RAM PRAESH MANJHI SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 43. SHIVJI THAKUR SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 44. MANJU DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 45. RUKMUNI DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 46. SHIYA LAL BAITHA SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 47. VIJAY SAHNI SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 48. JAIKAL DEVI WIFE OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). 49. KALI RAJAK SON OF NOT KNOWN, MEMBER OF RUNNI SAIDPUR PANCHAYAT SAMITI, RESIDENT OF VILLAGE- RUNNI SAIDPUR, BLOCK-RUNNI SAIDPUR, P.S.- RUNNI SAIDPUR, DISTRICT- SITAMARHI (BIHAR). ….RESPONDENTS ----------- 2. 20.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notice dated 6 9.12.2010 whereunder special meeting of the Panchayat Samiti, Runni Saidpur has been fixed on 21.12.2010, the notice is contained in Annexure-7 to the Interlocutory Application No.10469 of 2010. It is submitted on behalf of the petitioner that similar notice dated 31.8.2010, Annexure-4 was earlier issued which was quashed by this Court under orders dated 15.11.20120, Annexure-5. Again similar notice has been issued and this Court taking into account the earlier order dated 15.11.2010 may again quash the impugned notice dated 9.12.2010. I regret not to accept such submission for the reason that the order dated 15.11.2010, Annexure-5 quashing the earlier notice was passed on the basis of the concession made before this Court by the members of the Panchayat Samiti, for the present there is no such concession made before this Court. Further perusal of the earlier notice dated 31.8.2010 indicate only nine charges raised against the petitioner but in the present notice the charges have been increased to fifteen. This Court examined the contents of the notice dated 9.12.2010 and is satisfied that the same has been issued taking into account the relevant provisions in the Bihar Panchayati Raj Act, 2006. 7 In the circumstances, I do not find any merit in this writ petition which is, accordingly dismissed. Ibrar/- ( V. N. Sinha, J.)