RAMBHA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the notice (Annexure-4) issued by the Executive Officer of Panchayat Samiti, Katra intimating that the special meeting of the Panchayat Samiti shall be held on. 7.1.2002 to consider the motion of no confidence brought against the Pramukh. By way of amendment prayer of the petitioner is to quash another notice (Annexure-9) issued by the Executive Officer dated 4.2.2002 conveying that the special meeting of the Panchayat Samiti shall be held on 11.2.2002 to consider the motion of no confidence against the Pramukh. Petitioner has also prayed for quashing of the resolution dated 11.2.2002 whereby the motion of no confidence has been carried out against her.

(2.) Shorn of unnecessary details facts giving rise to the present application are that the petitioner was elected as the Pramukh of the Panchayat Samiti, Katra and a requisition (Annexure-1) to convene a special meeting of the Panchayat Samiti was given to her to consider the no confidence motion. Petitioner by order dated 29.12.2001 (Annexure-2) rejected the said prayer, inter alia, on the ground that out of 30 members 18 have shown their confidence in her. Ultimately the Executive Officer of the Panchayat Samiti gave notice intimating to the members that special meeting of the Panchayat Samiti shall be held on 7.1.2002 to consider the no confidence motion brought against the petitioner. The meeting as scheduled was held and 15 members voted in favour of the motion and the proceeding indicates that the motion was carried out against the petitioner.

(3.) It is relevant here to state that total number of elected members of the Panchayat Samiti is 30 and out of that 15 members had shown no confidence against the petitioner and whether that would be sufficient to carry out the no confidence motion, the District Magistrate by his memo dated 14.1.2001 (Annexure-6) sought instruction from the Secretary of the Panchayati Raj Department. The Secretary by his memo dated 30.1.2002 (Annexure- 7) observed that for carrying out the motion of no confidence, 16 members' vote is necessary and as such motion of no confidence supported by 15 members shall be deemed to have been defeated.