USHA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant herein was elected to the Office of the Pramukh of Vaishali Block Panchayat Samiti (in short, the Panchayat Samiti), on 24.6.2011. A special meeting of the Panchayat Samiti was held, on 23.7.2013, where "no confidence motion" against the appellant was put to vote and, out of 23 members of the Panchayat Samiti, as many as 17 members voted, in favour of the "no confidence motion", with the appellant absented herself from attending the said special meeting. Aggrieved by the outcome of the said special meeting, the present appellant filed a writ petition, which gave rise to CWJC No. 15437 of 2013.

(2.) Having considered the fact that the appellant had not raised any issue with regard to the manner in which the notice, dated 13.7.2013, came to be issued by the Executive Officer, convening the said special meeting, but contended that the notice, in question, did not state reasons or charges nor enclosed any copy of the requisition and, hence, the notice, issued under Section 44(3)(v) of Bihar Gram Panchayat Raj Act, 2006, was bad in law, a learned Single Judge of this Court passed an order, on 15.5.2014, in the writ petition, setting aside and quashing the proceeding of the special meeting held on 23.7.2013, whereunder the present appellant stood removed from the Office of the Pramukh of the Panchayat Samiti in terms of the resolution passed in the said special meeting, and, thereafter, observed, held and directed as under:--

(3.) The only question raised before us by Mr. Mangalam, learned Counsel for the appellant, is that in terms of the scheme of "no confidence motion", as envisaged by Section 44of Bihar Gram Panchayat Raj Act, 2006, an Executive Officer does not have the power to decide the date of the special meeting and when such a power is not vested by the statute in the Executive Officer, a Writ Court could not have validly directed the Executive Officer to choose the date for holding the special meeting and convene the meeting accordingly.