In Ravi Kumar Mahto vs. The State of Bihar through the Principal Secretary, Panchayati Raj, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy delivered a 4-page long judgement dated July 24, 2025. In his 5th judgement as Chief Justice, Justice Pancholi observed:"We permit the appellant herein to withdraw the aforesaid petition. We also at the same time permit the appellant to withdraw the present appeal by granting liberty to the appellant/petitioner to challenge the aforesaid two orders passed by the concerned respondent authorities. It is further observed that as and when the fresh petition/proceeding is filed by the appellant/petitioner challenging the aforesaid orders, the same shall be examined on its own merits without being influenced by the orders passed in I.A. Nos. 1 of 2024, 2 of 2025 and 3 of 2025 in the main writ petition. 8. It is always open for the appellant/petitioner to challenge the by-election held for the post of Mukhiya, which the appellant/petitioner was holding before his removal. As and when any proceeding is taken by the appellant/petitioner, the same shall be examined on its own merits. We have not gone into the merits of the matter." Notably, on July 28, 2025, Justice Pancholi passed a 2-apge long order wherein liberty was granted "to file a fresh petition."
The Letters Patent Appeal was filed under provisions of Clause 10 of the Letters Patent of the Patna High Court Rules challenging the 5-page long order dated July 7, 2025 passed by Single Judge in I.A. No. 03 of 2025, filed in CWJC No. 1789 of 2024, whereby Justice Alok Kumar Sinha, the Single Judge had rejected I.A. No. 03 of 2025. The appellant had filed CWJC No. 1789 of 2024 in which the appellant/petitioner had prayed for setting aside the letter dated December 11, 2023, issued under the signature of Sub Divisional Officer, Mahua, Vaishali at Hajipur, whereby and whereunder the said authority had recommended the District Magistrate, Vaishali at Hajipur to take action against the petitioner under Section 18 (5) of Bihar Panchayat Raj Act, 2006. Petitioner has also challenged letter dated December 19, 2023, issued under the signature of District Magistrate, Vaishali at Hajipur whereby he had recommended the Commissioner, Tirhut Division, Muzaffarpur for taking action against the petitioner under the provision. The petitioner had also prayed for stay of notification dated June 9, 2025 issued by the State Election Commission for holding by-election to the post of Mukhiya of the Gram Panchayat,, stay of order dated August August 7, 2024 passed by Additional Chief Secretary by which the petitioner had been removed from the post of Mukhiya, for impleading the State Election Commission, which was rejected on June 30, 2025.
The High Court did not grant any interim relief in favour of the petitioner in the main writ petition, the concerned respondent authority proceeded with the matter and ultimately Lok Prahari recommended for removal of the petitioner from the post of Mukhiya on April 13, 2024 and on the basis of the recommendation made by Lok Prahari now order dated August 7, 2024 was passed by the Principal Secretary, Panchayati Raj, Government of Bihar, the Respondent No. 2 whereby the appellant/original petitioner was removed from his post.
The appellant/petitioner had filed I.A.s. in the main writ petition and had tried to bring on record the subsequent development which had taken place during the pendency of the writ petition. The Single Judge had passed orders in the said Interlocutory Applications filed by the appellant/petitioner.
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