DEVENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shri Prakash Srivastava, learned counsel appearing on behalf of the petitioner, Mr. Jawahar Prasad Karn, learned Additional Advocate General No.4 for the State, learned counsel for the State Election Commission and Mr. Ram Suresh Roy, learned senior counsel appearing on behalf of the private respondents.

(2.) This writ petition was filed questioning the requisition moved by the Members of the Panchayat Samiti, Patahi in the district of East Champaran as against the petitioner who happens to be the Up-Pramukh of the said Panchayat Samiti. The requisition is dated 23.7.2013 and is placed at Annexure-1 to the writ petition. Pursuant to the requisition, the Executive Officer vide letter dated 25.7.2013 placed at Annexure-3 intimated the date of special meeting which was fixed by the Pramukh on 2.8.2013 and on which date the special meeting took place and the petitioner lost the confidence of the house to continue as a Up-Pramukh. The proceedings of the special meeting dated 2.8.2013 is impugned vide I.A. No.6427 of 2014 and is placed at Annexure-5 to the interlocutory application. Since during the pendency of the writ petition, the date for election had been notified hence the petitioner prayed for stay of the notice dated 11.8.2013 impugned vide I.A. No.5671 of 2013 and vide order passed on 19.8.2013 the operation of the notice dated 11.8.2013 was stayed.

(3.) The private respondents appeared through counsel and filed I.A. No.6650 of 2013 for vacating the order of stay dated 19.8.2013 and also filed a counter affidavit and it is thereafter that the matter has been taken up and though listed under the heading "For orders on petitions" , with the consent of the parties it has been heard with a view to its final disposal.