MINU SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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, Upadhyakshya contested and lost. In this circumstances, Mr. S.B.K. Mangalam, learned counsel for the petitioner prayed for withdraw the writ petition, as aforesaid.

(2.) Leave was granted. The writ petition is dismissed as withdrawn.

(3.) 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.