ASOKE PAL Vs. STATE

JUDGEMENT

(1.) THE writ petitioner no. l is the Prodhan of margram-II Gram Panchayat. Other writ petitioners are the elected members of the said Gram Panchayat. The respondent nos. 8 to 16 who are also the members of the Gram Panchayat issued a notice dated 2-3-94 asking the Prodhan to convene a meeting within 15 days to ascertain whether the Prodhan was enjoying the confidence of the majority members of the Panchayat. The said notice was received by the Secretary of the said gram Panchayat on 7-3-94. The respondent nos. 8 to 16 issued another notice dated 25th March, 1994 convened! a meeting of the Panchayat on 4-4-94 for expressing 'no-confidence' or lack of confidence against the prodhan and for his removal. In the said meeting a resolution expressing no-confidence against the petitioner no. l as well as for his removal was taken. A copy of the resolution is annexed with the writ petition and marked "b". The petitioner no. 1 moved this Hon'ble Court against the said resolution and the matter was finally heard and disposed of by his lordship the Hon'ble Mr. Justice Altamas Kabir on 13-4094 and his lordship was pleased to quash the requisition meeting and the resolution adopted in the said meeting dated 4-4-8 (4. A copy of the order dated 13-4-94 is annexed to the writ petition and marked Annexe "c". Thereafter the respondent nos. 8 to 16 issued another notice dated 19-4-94 asking the Prodhan to convene a requisition meeting for his removal from the post of Prodhan. A copy of the said notice dated 19-4-94 has been annexed to the writ petition and marked Annexure "d", The respondent nos. 8 to 16 thereafter issued a notice dated 11-5-94 convening a special meeting of the Panchayat on 26-5-94 for removal of the Prodhan but prior information to the prescribed authority was not given according to law. A copy of the said notice has been annexed to the writ petition and marked annexure "e". According to the petitioners, the said notices are illegal, arbitrary and mala fide.

(2.) BEING aggrieved by the impugned notices dated 19-4-94 and 11-5-94. The writ petitioners have come before this Court for the following pravers:-

(3.) AN interim order was passed by this Court to the effect that the impugned meeting be held but no legal effect be given to the resolution to be taken in that meeting pursuant to the notice marked Annexure "e" to the writ petition till further orders.