RAJENDRA CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners for a direction to the respondents-authorities to produce on record the minutes of special meeting of Marwan Block Panchayat Samiti dated 29.05.2009 and to quash the resolution of no confidence motion in the said meeting and also for quashing notice dated 17.06.2009 issued by the Sub-Divisional Officer, Muzaffarpur (respondent no.4) asking the elected members of the said Samiti to attend the meeting fixed on 30.06.2009 for electing new Pramukh and Up-Pramukh of the said Samiti.

(2.) It is not in dispute that Marwan Block Panchayat Samiti was elected in the year 2006 in which petitioner nos. 1 and 2 were elected as Pramukh and Up-Pramukh respectively. Subsequently on 31.12.2008 a notice was issued for holding the no confidence motion against the petitioners on the request of some of the members of the Panchayat Samiti and the said meeting was held on 07.1.2009, against which the petitioners filed CWJC no.252 of 2009 which was allowed by a bench of this Court vide order dated 18.03.2009 (Annexure-6) and notice dated 31.12.2008 and resolution of the no confidence motion in meeting dated 07.1.2009 were both quashed. However, in the said order it was kept open for one-third of the elected members of the Samiti to fix a fresh date for convening the special meeting for considering no confidence motion against the petitioners after complying with the requirements of Sec. 46(4) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity), whereafter the Executive Officer was to issue notice and the matter was to proceed in accordance with the provisions of the Act. Against the said order of the learned single Judge of this court, the petitioners filed L.P.A. No. 473 of 2009 which was rejected by a division Bench of this Court.

(3.) It transpires that in view of the said order of this court, 9 out of 20 members of the Samiti held a meeting on 19.05.2009 in which it was decided to convene meeting on 29.05.2009 for the special resolution of no confidence motion against the petitioners and, accordingly, letter dated 19.05.2009 (Annexure-7) was sent by them to the Block Development Officer-cum-Executive Officer directing him to send notices to all the members regarding the said meeting on 29.05.2009. In compliance of the said letter, the Executive Officer (respondent no.5) issued notice vide memo no.394 dated 19.05.2009 (Annexure-8) requesting all the members to attend the meeting on 29.05.2009 specifically for considering no confidence motion against the petitioners. Thereafter the aforesaid meeting was held on 29.05.2009 in which 13 out of 20 members participated and all of them passed no confidence motion against the petitioners. The resolution of the said meeting is annexed as Annexure-B to the second counter affidavit filed on behalf of respondent nos. 6 to 16 and 19 to 20.