ASLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are two petitioners before this court. They seek to challenge the resolution which according to respondents 5 to 16 was adopted in the meeting of Panchayat Samiti, Adapur block held on 22.10.2001 adopting a motion of no confidence against the two petitioners and purporting to remove them from the offices of Pramukh and Up Pramukh respectively of Adapur Panchayat Samiti. The relevant facts are brief and can be stated as follows.

(2.) ADAPUR Panchayat Samiti consists of 42 members, out of whom 23 are elected members and the remaining 19 are ex officio members. In the election held on 19.4.2001 petitioners 1 and 2 were elected to the offices of Pramukh and Up Pramukh respectively. They took their oaths of office on 15.6.2001 and on 24.7.2001 the first meeting of the Panchayat Samiti was held which was presided over by the Sub -divisional Officer and was attended by all the 42 members of the Samiti. The second meeting of the Samiti was held on 7.8.2001. This was presided over by petitioner no. 1 and was attended by 41 members. In this meeting out of 25 schemes taken up for consideration, 11 were passed by the Samiti and were sent to the Zila Parishad for their approval and execution. It seems that those schemes later became the bone of contention. Some of the elected members of the Samiti were of the view that the schemes forwarded to the Zila Parishad were not the same as were approved in the meeting of the Samiti held on 7.8.2001.

(3.) ACCORDING to the respondents, after the meeting was fixed for 22.10.2001 petitioner no. 1 made a representation before the Collector requesting him to postpone the meeting for various reasons. On 14.10.2001 a wireless message was received from the Dist. Magistrate 'soffice asking the Block Dev. Officer to postpone the meeting of 22.10.2001 on account of its close proximity with the festival of Dushhera when the State administration would be completely engaged in the maintenance of law and order etc. On the basis of the direction from the Dist. Magistrate, the Block Dev. Officer issued a letter, dated 16.10.2001 postponing the meeting of the Samiti scheduled to be held on 22.10.2001.