JAI LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the notice dated 5-12-2001 (Annexure-5) whereby a notice in regard to the date and time to consider the no confidence motion against the petitioners has been given. Further prayer made by the petitioners is to quash the resolution dated 12-12-2001 whereby motion of no confidence has been passed against them.

(2.) Shorn of unnecessary details facts giving rise to the present application are that the petitioners were elected as Pramukh and up-Parmukh of Arrah Panchayat Samiti for which the election was held on 11-6-2001. A requisition to convene the meeting of the Panchayat Samiti was given and ultimately by the impugned notice dated 5-12-2001 the Secretary of the Panchayat Samiti issued notices intimating that the meeting of the Panchayat Samiti shall be held on 12-12-2001 to consider the motion of no confidence against the petitioners. Meeting as scheduled was held and by the impugned resolution dated 12-12-2001, motion of no confidence has been carried out against the petitioners.

(3.) By order dated 10-1-2002 this Court allowed the election of the Parmukh which was scheduled to be held on 16th of February, 2002 but directed that the election of the Parmukh shall abide by the final decision in the case. It was also directed that all financial matter of the Panchayat Samiti shall be transacted by the Executive Officer and not by the petitioners or the persons who may be elected on 16th of January, 2002.