LAWS(PAT)-2021-6-120

DHARAMSHEELA KUMARI Vs. HEMANT KUMAR

Decided On June 28, 2021
Dharamsheela Kumari Appellant
V/S
HEMANT KUMAR Respondents

JUDGEMENT

(1.) The following issues arise for consideration in this Appeal:

(2.) The facts leading to the filing of the present Appeal are short and simple.

(3.) In the year 2016, Mrs. Dharamsheela Kumari (Appellant herein- Respondent No. 6 in the writ petition, referred to as the Pramukh) was elected as a Pramukh and Mrs. Neelam Devi (Respondent No. 16 herein-respondent no. 7 in the writ petition, referred to as the Up-Pramukh) was elected as an Up-Pramukh of Panchayat Samiti, Vaishali. On 2nd August of 2018, 10 out of 22 members of the Panchayat Samiti, Vaishali (referred to as the Samiti) submitted a requisition to the Pramukh (Annexure-1 Page-16-17) for convening a special meeting to discuss the motion for no-confidence both against the Pramukh and the Up-Pramukh, copy of which was endorsed to the Block Development Officer-cum- Executive Officer, Panchayat Samiti, Vaishali. The same day, the Block Development Officer, Vaishali, sent a letter to the Pramukh and the Up Pramukh (Annexure- 1/1 page-18) asking them to fix a meeting by giving seven days prior notice to all concerned. Immediately, in fact, the very same day, the Pramukh called for two separate meetings to discuss the no-confidence motion against herself (the Pramukh) on 10/8/2018 and against the Up-Pramuh on 11/8/2018. Also, very same day, notices in terms thereof (Annexure- 2 Series, Page-19-20) were issued to all the elected members of the Samiti.