ZAINAL HAQUE ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application has sought for issuance of an appropriate writ for quashing of a resolution of the Executive Committee of Ararha Gram Panchayat dated 15-1-1991 as contained in Annexure-2 to the writ application whereby and whereunder a no-confidence motion was passed against the petitioner as Mukhiya of the said Gram Panchayat and also for quashing of the order as contained in letter dated 29-1-1991 issued by respondent No 2 to respondent No. 4 whereby the petitioner was removed from the post of Up-Mukhiya and respondent No. 3 was elected as Up Mukhiya.

(2.) The fact of the matter lies in a very narrow compass and are not at all in dispute,

(3.) The petitioner was elected Up Mukhiya by the Executive Committee in a meeting held in June, 1978. The Mukhiya of tbe aforementioned Gram Panchayat died on 22-12-1989 and in terms of the provisions contained in Section 11 A (1) of the Bihar Panchayat Raj Act, 1947, the petitioner began discharging the functions of the Mukhiya till a new Mukhiya was elected. The Executive Committee by reason of a resolution taken in a meeting held on 15-1-1991 and as contained in Annexure-2 to the writ application, adopted a resolution of no-confidence against the petitioner as Up Mukhiya. By reason of the said resolution, allegedly respondent No. 4 was also elected to act as Up Mukhiya