AVINASH KUMAR CHAURASIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the resolution dated 14th August, 2003 (Annexure -6) whereby a motion of no confidence has been passed against the petitioner.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner is a Parmukh of Panchayat Samiti, Nath Nagar and a requisition addressed to him and Up -Parmukh was given by the members of the Panchayat Samiti to consider the no confidence motion against the petitioner. It is the assertion of the petitioner that the special meeting of the Panchayat Samiti to consider the no confidence motion was convened by respondent no. 6, the Executive Officer of the Panchayat Samiti, and for that purpose he issued notice dated 16.7.2003.

(3.) MRS . Priyadarshni appearing on behalf of the petitioner has raised several points to assail the no confidence motion carried out against the petitioner but as the writ application is to succeed on a very short point. I am not inclined either to incorporate or answer the same. Learned counsel contends that in view of section 44(3) of the Bihar Panchayat Raj Act. (for short the Act), the meeting is to be convened by the Parmukh or the Up -Parmukh and in case of their failure by 1/3rd of the total number of members and in no case it can be convened by the Executive Officer but has been done in the present case and hence the resolution of no confidence passed in such a meeting vitiated. In support of the submission reliance has been placed on a decision of this Court in the case of Chandrakanti Devi Vs. State of Bihar [2003(4) PLJR 429] and my attention has been drawn to paragraph 7 of the judgment, which reads as follows: -