MITHELESH PATI TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the no confidence motion dated 10.10.2002 passed against the petitioner removing him from the office of Parmukh of the Panchayat Samiti and notice to that effect dated 10.10.2002 (Annexure-1).

(2.) In the thicket of facts pleaded, facts which are necessary for the decision of the present application are that the petitioner was elected as Parmukh of Panchayat Samiti, Bagha-I, hereinafter referred to as the Samiti, Members of the said Samiti gave notice dated 18.9.2002 requesting the petitioner to convene the special meeting of the Samiti to consider the no confidence motion brought against him. Ultimately the Executive Officer issued notice dated 3.10.2002 (Annexure-2) conveying that the special meeting of the Samiti shall be held on 10.10.2002 and the item of agenda would be the motion of no confidence brought against the petitioner. Meeting was so held and the motion of no confidence has been carried out against the petitioner.

(3.) Mr. S.S. Dvivedi appearing on behalf of the petitioner has raised several points to assail the motion of no confidence passed against the petitioner but as the writ application is to succeed on a very short point, I deem it inexpedient either to incorporate or answer the same. He submits that the notice dated 3.10.2002 fixing 10.10.2002 as the date for holding the special meeting to consider the motion of no confidence against the petitioner does not conform to the requirement of seven clear days notice as provided under Section 44(4) of the Bihar Panchayat Raj Act (for short the Act). Mr. S. Alamdar Hussain appearing on behalf of respondents 1 to 5 and Mr. Md. Nadim Seraj appearing on behalf of respondent No. 6, however, contend that the notice conforms to the requirement of seven clear days notice and the submission made on behalf of the petitioner is misconceived.