RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has obtained a rule from this Court as to why the meeting said to be convened on 19th March, 1981 to consider a motion of no confidence against the petitioner the Pramukh of the Panchayat Saraiti, Begusarai be not held illegal. The writ application was filed on the 18th March and the meeting was held on the 19th March, 1981 when a motion of no confidence against the petitioner was carried. The operation of the resolution was, however, stayed by this Court while admitting the application on 30-3-81.

(2.) The facts of the case are that the petitioner was elected the Pramukh of the Begusarai Panchayat Samiti on 24th March, 1979, consisting of 36 members. On 27-10-1980, 22 of its members filed a requisition for calling a meeting of the Samiti to consider the no confidence motion against the Pramukh on various charges against him. As would appear from the statements made in the counter affidavit filed on behalf of the respondents, the aforesaid requisition petition was handed over to the Secretary of the Panchayat Samiti on 28th October, 1980, who sent the same to the Pramukh under his letter dated 29-10-80, asking the petitioner to call for a special meeting for consideration of the motion failing which he (the Secretary) would himself call for a meeting within three days thereafter. The petitioner is said to have avoided to receive the said letter for a considerable time which was, however, ultimately received by him on 17th November, 1980. Thereafter the petitioner called for the meeting on 9-12-80 at 11 A.M. but issued notices of the meeting only to some of the members and not to all of them, particularly the requisitionists.

(3.) In the meeting convened on 9th December, 1980, under the Chairmanship of Ganesh Singh, the Mukhiya of Khamhar Panchayat, only 12 members of the Samiti including the petitioner, could be present half an hour after the time appointed for the meeting The Chairman, in view of this fact, thought that the meeting could not be held and he accordingly closed the meeting observing that the persons who were present opposed the motion of no confidence. It would do better to quote the relevant minutes of this meeting which read as follows: