IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5018 of 2010 1. MINU SINHA W/O KAUSHALENDRA KUMAR SINHA R/O VILLAGE - MAHUARI, P.O DEORIA , P.S - MAHARAJGANJ, DISTRICT - SIWAN, PRESENTLY DEPUTY CHAIRMAN OF SIWAN ZILA PARISHAD SIWAN , P.O ,P.S. & DISTRICT - SIWAN Versus 1. THE STATE OF BIHAR 2. THE SECRETARY PANCHAYATI RAJ DEPARTMENT, GOVERNEMNT OF BIHAR,PATNA 3. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT, GOVERNEMNT OF BIHAR,PATNA 4. THE DISTRICT MAGISTRATE, SIWAN DISTRICT - SIWAN 5. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , ZILA PARISHAD SIWAN, P.O , P.S & DISTRICT - SIWAN 6. SUSHILA SINGH W/O NOT KNOWN THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 7. INDU DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 8. PUNAM DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 9. SAMSA KHATOON W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 10. MADHAV SINGH S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 11. SANGITA KUMARI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 12. JAY PRAKASH PANDEY S/O NOT KNOWN TO PETITIONER, MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 13. NAGENDRA UPADHYAY S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 2 14. BINOD TIWARI S/O NOT KNOWN TO THE PETITIOER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 15. NANDLAL YADAV S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 16. SUDAMA THAKUR S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 17. BRAJ KISHORE YADAV S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 18. JITESH SINGH S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 19. LAL BABU SAH S/O NOT KNOWN TO THE PETITIONER, MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 20. NIDHI KIRTI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 21. JULFEKAR ALI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 22. UMA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 23. SANJAY RAM S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 24. SUMITRA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 25. RIJWAN S/O NOT KNOWN TO THE PETITIOENR MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER 3 CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 26. BINDI DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 27. MANJU DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 28. UMESH PRASAD BARI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 29. CHINTA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 30. GITA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 31. SHAKUNTALA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 32. RADHIKA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 33. PRADYUMAN RAI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 34. MEENA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 35. BIRENDRA MANJHI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 36. BIRENDRA SHARMA S/O NOT KNOWN TO THE PETITIOENR MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 4 37. KISMATO DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 38. DEVESHKANT SINGH S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 39. UMAN DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 40. DHARAMSHILA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 41. SAMIULLAH S/O NOT KNOWN TO THE PETITIOENR MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 42. RENU YADAV W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 43. PRATIMA KUSHWAHA W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN 44. SANGEETA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE SIWAN ZILA PARISHAD , THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER , SIWAN ZILA PARISHAD , P.O , P.S & DISTRICT - SIWAN with CWJC No.6266 of 2010 1. LAL BABU SAH, S/O SRI HIRA LAL SHAH, R/O VILLAGE - ZIRADEI, P.O - ZIRADEI, P.S - ZIRADEI, DISTRICT - SIWAN, AT PRESENT MEMBER AREA NO. 10 OF THE SIWAN, ZILA PARISHAD, SIWAN. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, SIWAN. 4. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, SIWAN , ZILA PARISHAD , SIWAN. 5. THE COMMISSIONER, STATE ELECTION COMMISSION, SONE BHAWAN BEERCHAND PATEL PATH, PATNA. 5 6. THE SECRETARY, STATE ELECTION COMMISSION, BEERCHAND PATEL PATH,SONE BHAWAN, PATNA. 7. SRI JITESH SINGH, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 8. SRI RIJWAN , S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 9. SRI SANJAY KUMAR RAM, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 10. SRI UMA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 11. SMT. SHAMSHA KHATOON, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 12. SMT. SANGITA KUMARI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 13. SRI MADHAV SINGH, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 14. SRI JAI PRAKASH PANDEY, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 15. SMT. SUSHILA SINGH, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 16. JULFIKAR AHMAD, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 17. SRI SUDAMA THAKUR, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 6 18. SRI NAND LAL YADAV, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 19. SMT. PRATEEMA KUSHWAHA, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 20. SRI SAMIULLAH, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 21. SRI NAGENDRA UPADHYAY, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 22. SRI UMESH PRASAD BARI, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 23. SRI BRAJ KISHORE YADAV, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 24. MISS. NIDHI KIRTI, D/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 25. SMT. BINDI DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 26. SRI DEVESH KANT SINGH, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 27. SMT. INDU DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 28. SMT. PUNAM DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 29. SMT. SUMITRA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE 7 DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 30. SMT. MANJU DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 31. SMT. CHINTA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 32. SMT. GITA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 33. SMT. SHAKUNTALA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 34. SMT. RADHIKA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 35. SMT. MEENA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 36. SMT. KISMATO DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 37. SMT. DHARAM SHILA, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 38. SMT. RENU YADAV, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 39. SMT. SANGEETA DEVI, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 40. SRI BIRENDRA MANJHI, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 8 41. SRI BIRENDRA SHARMA, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 42. SMT. MINU SINHA, W/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 43. SRI NAND PRASAD CHAUHAN, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 44. SRI BINOD TIWARI, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. 45. SRI PRADYUMAN RAI, S/O NOT KNOWN TO PETITIONER, MEMBER OF THE ZILA PARISHAD, SIWAN AND MAY BE REPRESENTED THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SIWAN.DISTRICT - SIWAN. ----------- 3. 5.05.2010 In C.W.J.C.No.5018 of 2010, originally there were two petitioners who are respectively Adhyakshya and Upadhyakshya of Siwan Zila Parishad, as constituted under the provisions of Bihar Panchayat Raj Act, 2006. They had challenged the convening of special meeting for considering no confidence motion against them. During pendency of the writ petition, the no confidence motion was brought. In the no confidence motion so far as the petitioner no.1 is concerned i.e. Nand Prasad Chauhan who was the Adhyakshya, the motion could not be passed against him and as such he withdrew from the writ petition. Thereafter, as motion had being passed against petitioner no.2, the Upadhyakshya, fresh elections were held in which Minu Sinha, 9 Upadhyakshya contested and lost. In this circumstances, Mr. S.B.K.Mangalan, learned counsel for the petitioner prayed for withdraw the writ petition, as aforesaid. Leave was granted. The writ petition is dismissed as withdrawn. The second writ petition i.e. C.W.J.C. No.6266 of 2010 has been filed by one of the members of the Siwan Zila Parishad challenging the decision of the District Magistrate-cum-Collector, Siwan in holding that in the special meeting of the Zila Parishad, no confidence motion was not passed as against Nand Prasad Chauhan, the Adhyakshya, who is respondent no.43 in this writ petition and was petitioner no.1 in the first writ petition. Mr. Y.V.Giri appears for the writ petitioner, Mr. S.B.K.Manglan appears for respondent no.43, Mr. Dhananjay Kumar appears for Zila Parishad and Mr. Ganesh Prasad Singh appears for the members supporting Mr. Giri as against respondent no.43. Having considered and with their consent, the matter is being disposed of at the stage of admission itself. In support of the writ petition, Mr. Y.V.Giri and Mr. Ganesh Prasad Singh, learned Senior Counsels urge that Section 70(4) of the Bihar Panchayat Raj Act, 2006 in so far as removal of Adhyakshya or Upadhyakshya by vote of no confidence motion is 10 concerned should be read in a meaningful manner that is to say that where the expression used is “majority of total number of directly elected members” it should be read as “majority of total number of members present and voting”. It is subsequently submitted that expression should be further read as “majority of members directly elected and available for voting”. The significance of this change of terminology will be seen when the facts are examined. On the other hand, Mr. S.B.K.Manglan submits that where the word an expression used by the legislature are plain, simple and unambiguous clear in themselves the golden rule of interpretation applies and the meaning as ordinarily understood should be given to the word and expression used therein. He further submits that once the legislature has spoken, it is not for the Court to become wiser. The facts are that a requisition was made for convening a special meeting to consider no confidence motion against the Adhyakshya and Upadhyakshya of the Zila Parishad. On the date of meeting, the Adhyakshya and Upadhyakshya did not participate and were not present. 21 elected members were present. The total number of elected members it is not dispute is 41. When the resolution was put to vote, by secret ballot, so far as the Adhyakshya is concerned, 20 votes were caste in favour of the no 11 confidence motion and one vote against the no confidence motion. Thus, in a house of 41 elected members, only 20 were in favour of no confidence motion against the Adhyakshya, which obviously was less than the majority. The District Magistrate-cum-Collector, Siwan accordingly held that the resolution as against the Adhyakshya was not passed. But when it comes to Upadhyakshya equation changed. All 21 unanimously voted in favour of no confidence motion and thus, 21 members out of the elected members of 40 have voted against the Upadhyakshya. It was held that the Upadhyakshya lost the confidence of the house. It is the decision on the first count that is challenged by Mr. Giri and Mr. G.P.Singh, learned Senior Counsels appearing for the respective parties. Mr. Y.V.Giri first points out that even though technically there are 41 elected members, 2 members must be excluded from the count bringing the elected membership to 39 and that being so then 20 members voting in favour of no confidence motion would constitute majority for removal of the Adhyakshya. The reason for excluding two members from the list of elected members is that one member has been declared a permanent absconder by a criminal court. He has remained absent from more than 3 consecutive meetings in the past. The second 12 member was in judicial custody and as such could not vote. On these facts, Mr. Giri submits that so far as the first, the absconder is concerned, there are legal fetters on his ability to participate in any meeting being an absconder, if that being so, he has to be excluded from the elected members. In my view, this submission is misconceived for the simple reason that the legislature nowhere provides that once a person is declared an absconder, he ceases to be a member. It is his personal disability, which stops him from exercising the powers of an elected members but he nevertheless remain an elected members. Thus, the submission cannot be accepted. Coming to the second i.e. the elected member who was in judicial custody, the same argument is advanced that being in custody, he suffers from disability and the argument being the same, the answer of the Court is the same. It is his personal disability to come, but he nevertheless remains an elected member. Thus, the contention as raised by Mr. Giri cannot be accepted and the membership of the house remains 41. So far as the contention with regards to member remaining absent for three consecutive meeting is concerned, in view of Section 70(4) it only give a ground to the State Government to cancel his membership but till such time as it is not cancelled, he continues to be a member and eligible to vote. He 13 cannot be excluded from the count. Now, I must consider the submission as made on behalf of Ganesh Prasad Singh. He submits that Section 70(4)(i) provides that there shall be no quorum for the special meeting convened to discuss no confidence motion. He wants the Court to read this alongwith the substantive provision of majority of