LAWS(PAT)-2010-9-55

MADAN SAHNI Vs. STATE OF BIHAR

Decided On September 06, 2010
MADAN SAHNI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Counsel for the State of Bihar, learned Counsel for the Darbhanga Zila Parishad and learned Counsel for the private Respondent No. 6 Lal Babu Yadav.

(2.) In this writ petition the Petitioner has challenged order dated 11.8.2010 (Annexure-4) by which the District Panchayat Raj Officer, Darbhanga (Respondent No. 2) fixed the date of special meeting of the Zila Parishad for considering No Confidence Motion on 18.8.2010 against the Chairman, Darbhanga Zila Parishad (Petitioner).

(3.) The election of the aforesaid Zila Parishad was held in the year 2006 and the Parshads (Members) of the Zila Parishad (District Board) elected the Petitioner as its Chairman on 28.7.2008. It transpires that subsequently a requisition was made by some Parshads of No Confidence Motion against the Petitioner on 19.8.2009 which was sent to the District Panchayat Raj Officer, Darbhanga (Respondent No. 2), who vide order dated 3.9.2009 (Annexure-3 series at page 25) rejected the said requisition on the ground that according to Section 70(4) (iv) of the Bihar Panchayat Raj Act, 2006, no such motion can be allowed within two years of the election of the Chairman and it was also observed that the period of 2 years would be completed on 28.7.2010.