RAJESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner being aggrieved by Resolution dated 15.8.2003 in which no confidence has been expressed against him is before this Court. It is submitted by the learned counsel for the petitioner that the Panchayat Samiti is constituted of 32 members, our of which 17 are elected members while 15 are nominated members. His submission is that the meeting was requisitioned by 10 members only and as the minimum requirement was 11 being one third, the requisition was bad. His further submission is that the meeting was directed to be convened on 14.8.2003 but it was adjourned for want of coram to 15.8.2003. The submission, in fact, is that the meeting was not adjourned to some other convenient date. Learned counsel for the respondents, on the other hand, submits that the nominated members have no right to requisition a meeting of no confidence and as they have no right to vote in such a meeting, therefore, the meeting could have been called only by one third elected members and as in the present matter 10 members out of 17 have requisitioned the meeting, there was nothing wrong in it. For the coram and adjournment of the meeting it is submitted on their behalf that as the coram was not found complete on 14.8.2003, the meeting was adjourned to 15.8.2003 and nobody raised any objection against it.

(3.) I have heard the parties.