DINESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner of C.W.J.C. No. 16552 of 2013 was elected as the Pramukh of Block Panchayat Samiti, Sirdala, Nawada (for short "Panchayat Samiti") whereas the petitioner of C.W.J.C. No. 16556 of 2013 was elected as the Up-Pramukh of the Panchayat Samiti. Both the writ applications have been filed questioning the sustainability/legality of the notice dated 17.8.2013 issued by the Executive Officer of the Panchayat Samiti whereby the special meeting of the Panchayat Samiti was convened on 26.8.2013 for consideration of no confidence motion against the Pramukh and the Up-Pramukh. In the special meeting of the Panchayat Samiti held on 26.8.2013, the no confidence motion was discussed, put to vote and was carried through. The petitioners of both the applications have, therefore also assailed the proceeding of the said special meeting. Since, common issues are involved in both the applications, they have been heard together and are being disposed of by this order.

(2.) Heard Mr. S.B.K. Mangalam appearing in support of C.W.J.C. No. 16552 of 2013, Mr. Arun Kumar in support of C.W.J.C. No. 16556 of 2013, Mr. Siyaram Shahi for the private respondents, Mr. Amit Shrivastava for the Commission and Counsel for the State. Parties have exchanged their pleadings.

(3.) Skeleton of facts' providing the backdrop may first be noticed. The petitioners of both the writ applications were elected as Pramukh and Up-Pramukh of the Panchayat Samiti in the Panchayat Elections held in 2011. On a requisition submitted by the adequate/required number of electors, the special meeting was directed to be held on 26.8.2013 and accordingly, the Executive Officer of the Panchayat Samiti issued a notice dated 17.8.2013 (Annexure-2) requesting the members of the Panchayat Samiti to attend the special meeting of the Panchayat Samiti convened on 26.8.2013 in the Prakhand Library Bhawan. Along with the notice, the copy of the requisition was also enclosed. The meeting was accordingly held on 26.8.2013 under the Chairmanship of one of the elected members namely Attaur Rahman wherein 14 of the total 21 elected members of the Panchayat Samiti participated in the discussion/debate and the voting. 14 members present thereat expressed their want of confidence in the petitioners and accordingly the motion was passed and the petitioners were unseated.