ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the notice dated 20-6-2003 issued by the Executive Officer of the Panchayat Samitee, Kutumba whereby a meeting of the Panchayat Samitee was convened on 26-6-2003 to consider the motion of no confidence against the petitioner.

(2.) Short facts giving rise to the present application are that the petitioner was elected as member of the Panchayat Samittee, Kutumba (hereinafter referred to as the Samitee) and subsequently elected as its Parmukh. Certain members of the Samitee wrote to the petitioner to convene a special meeting to consider the no confidence motion. A copy of the said requisition was also sent to the Block Development Officer, Kutumba who happens to be the Executive Officer of the Samitee. He in turn wrote to the petitioner to convene a special meeting to consider the no confidence motion. Ultimately the Executive Officer gave notice (Annexure-9) of the special meeting to be held on 26-6-2003 to consider the no confidence motion against the petitioner . Said notice was given on 20-6-2003. In this application prayer of the petitioner is to quash this notice.

(3.) It is relevant to state in the writ application petitioner has stated that he was elected as Parmukh on 18-6-2001 and within a period of two years requisition was made to consider the motion of no confidence which is in the teeth of the decision of the Division Bench of this Court dated 6-5-2002 passed in the case of Smt. Shyama Devi v. The State of Bihar, (2002) 2 Pat LJR 765). It is common ground that the petitioner was elected as Parmukh on 10-6-2001 and according to the petitioner the date 18-6-2001 is an inadvertent error whereas according to the respondents same has been purposely stated to mislead the Court and hence the writ application deserves to be dismissed on this ground alone.