KANHAIYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner holding the office of Pramukh was served with a no confidence motion and was requested to convene the meeting. The petitioner did not convene the meeting within 15 days as provided under Section 44(3) of Bihar Panchayat Raj Act, 1993, therefore, the Block Development Officer sought for some clarification from the higher authorities and after receiving the explanations directed that the meeting can be convened. The meeting was accordingly convened. The motion was put to test and the petitioner lost 16/5. Being aggrieved by the requisition of the meeting and carrying of the motion the petitioner has come to this Court.

(3.) Learned Counsel for the petitioner submits that in accordance with the provisions of Section 44(3) on refusal of the Pramukh to convene the meeting the one-third members are entitled to requisition the meeting but that can not do so after period of 15 days is over. He submits that the meeting in question was held/convened beyond the statutory period, therefore, the meeting was illegal and simultaneously every and any resolution passed in the said resolution was also illegal. Section 44 (3) reads as under :