RAMAVATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner was elected as the Pramukh, Block Panchayat Samiti, Dariyapur in the District of Chapra, on 8/11/2017. In the present writ application she has put to challenge a requisition submitted by 20 elected members of the Block Panchayat Samiti, Dariyapur (hereinafter referred to as 'Samiti') addressed to the petitioner, which was, admittedly, served upon her on 13/2/2020, requesting her to convene a special meeting of the Samiti for consideration of no confidence motion against the petitioner. The petitioner has challenged the said requisition on the sole ground of the same being in violation of Sec. 44(3)(i) of the Bihar Panchayat Raj Act, 2006, which, according to the petitioner, mandates that the requisition should be presented to the Pramukh in writing by not less than one third members of the total of the directly elected members. Without disputing that the requisition seeking convening of special meeting for no confidence motion was signed by 20 members of the Committee, it is the petitioner's contention that by virtue of provision under Sec. 44(3)(i) of the Act, at least one third of the members should have been physically present while handing over the requisition to the petitioner.

(3.) Notices were issued in this matter on 6/3/2020, pursuant to which the private respondents, including the requisitionists have entered appearance. While issuing notice, this Court, by the said order dtd. 6/3/2020, took notice of the fact that the special meeting was scheduled to be held on 13/2/2020 and accordingly observed that any decision in such meeting and all consequential action/decisions shall be subject to the result of the writ application.