LAWS(PAT)-1990-7-22

AMBIKA PRASAD SINGH Vs. STATE OF BIHAR

Decided On July 19, 1990
AMBIKA PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) :- In this writ petition the petitioners have challenged the validity of the order of the State Government contained in Annexure-3, whereby the Resolution of no confidence passed by the Samiti has been cancelled and the Respondents 6 and 7 namely the Pramukh and Up-Pramukh have been allowed to continue to hold the office.

(2.) The sole question raised by Mr. K. P. Verma, learned counsel appearing for the petitioner is that before cancelling the resolution of no confidence passed by the Samiti, the provisions of S. 68(2) of the Act requiring the show cause to be issued to the Panchayat Samiti has been violated and, therefore, it is fit to be quashed.

(3.) Section 68 of the Bihar Panchayat Samiti and Zilla Parishad Act, 1961 (Bihar Act No. 6 of 1962) hereinafter to be called as 'the Act') reads as follows: - Section 68.