BIJAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anand Kumar Ojha, learned counsel appearing for the petitioner and Mr. Mrigank Mauli, learned Senior Counsel, assisted by Mr. Om Prakash, learned counsel, appearing for respondent No.9 and also learned Government Advocate No.2 appearing for the State.

(2.) The petitioner has prayed for following relief(s) in paragraph no. 1 of the writ petition;

(3.) The brief facts, as enumerated in the writ petition, for consideration of this Court are that the petitioner was declared elected as Pramukh and a certificate was granted to him for the post of the Prakhand Pramukh, Kusheshwar Asthan Purbi, Darbhanga on 27/12/2021. On 2/1/2024, one Panchayat Samiti Member, namely, Anjani Bharti submitted a requisition containing charges for holding special meeting of "No Confidence Motion", against the petitioner and the UpPramukh. Since the said requisition was not signed by 1/3rd of the Panchayat Samiti Members, the petitioner had refused to accept the said requisition. A news was published in Dainik Bhaskar dtd. 3/1/2024 regarding holding of "Special meeting of No Confidence Motion" against the Pramukh & UpPramukh of the concerned Prakhand. The petitioner alleges that the Executive Officer, in connivance with the Samiti members had accepted the requisition and had issued a letter No.1 dtd. 3/1/2024, informing the petitioner, being Pramukh, to fix a date for special meeting for "No Confidence Motion" against the Pramukh and the Up- Pramukh. The petitioner is aggrieved by the alleged illegal action of the Executive Officer, who, in connivance with the elected members of the Panchayat has managed to topple him from the post of Pramukh by allegedly fixing the date for meeting for deliberation on "No confidence" against the petitioner and the Up- Pramukh on 18/1/2024 at 11.30 A.M. vide letter No. 05 dtd. 10/1/2024. The voting took place against the Pramukh and the Up-Pramukh on 18/1/2024 and the petitioner could not gain the confidence of the elected members present in the meeting. SUBMISSION OF COUNSEL