SANJAY SINGH SOM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was the Pramukh of Daudnagar Panchayat Samiti. THE total number of members in this Samiti is 40, out of which 21 are elected members. In a special meeting held on 25.3.2002 a majority of the elected members voted in favour of a motion of no confidence against the petitioner. THE motion was thus passed and the petitioner was purported to be removed from the office of Pramukh in terms of Section 42(3) of the Bihar Panchayat Raj Act, 1993. He filed this writ petition on 5.4.2002 challenging the resolution adopted in the meeting of 25.3.2002, removing him from the office of Pramukh.

(2.) MR. S.N.P. Sharma, learned Senior Counsel appearing in support of this writ petition submitted that the requisition to convene the special meeting was signed only by 12 members of the committee. The requisition was, therefore, insufficient and the action of the Sub-divisional Magistrate in fixing the date for the special meeting on the basis of that requisition was violative of Sub-section (3) of Section 44, according to which a special meeting may be called by no less than 1/3rd of the total number of members of the Samiti. MR Sharma submitted that the 12 members signing the requisition clearly did not constitute 1/3rd of the total number (40) of members of Daudnagar Panchayat Samiti.

(3.) THE petitioner thus made the request for fixing another date for the election or for holding the election in presence of the District Magistrate or postponing the election till a decision by this Court.