INDRA KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) ON 15.1.2002 certain elected members of the Nalanda District Board made a request to the Adhyaksh that as they have lost their confidence, a meeting to consider the no -confidence be requisitioned. The Adhyaksh feeling aggrieved by the same filed a title suit no.25 of 2002 in the Court of Sub -Judge -l Nalanda Biharsharif challenging the validity of the motion and convening the meeting. In the said suit notices were issued to the parties. The members raised various pleas but ultimately under order dated 5.2.2002 the learned Sub -Judge directed that the status quo should be maintained. He further directed that the defendants are directed to maintain status quo till further orders. The stay order was later on vacated by the very same Judge and being aggrieved by the said order the plaintiffs have preferred a revision petition before this Court in which an interim order has been granted in favour of the plaintiff and operation of the order dated 26.2.2003 (order vacating injunction) has been stayed.

(3.) LEARNED counsel for the petitioners placing strong reliance on sub -section 4 of section 68 of the Bihar Panchayat Raj Act, 1993 submitted that in case of failure of Adhyaksh to convene a meeting, the District Magistrate is obliged to convene the meeting in the same manner and the meeting has to be presided by him. He submits that the order of status quo granted in the suit or the interim order granted by the High Court would not affect the subsequent motion of no - confidence because the suit was to challenge the no -confidence motion dated 15.1.2002 and not the subsequent motion.