SATISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh, learned Senior counsel appearing for the petitioner, Mr. Amit Shrivastava, learned Senior counsel for the Respondent Nos. 8 to 10 and 17, 18 and 20, Mr. Kundan Kumar, learned counsel appearing for the Respondent Nos. 13 and 19, Mr. S.K. Mandal, learned Standing Counsel No. 3 for the State and Mr. Ravi Ranjan and Mr. Girish Pandey, learned counsel appearing for the Respondent No. 2.

(2.) The present writ petition has been filed for the following reliefs;

(3.) Learned Senior counsel for the petitioner submits that the petitioner was elected as a Pramukh from Sawant Gram Panchayat, Prakhand-Chhaurahi, District- Begusarai and after elected as Pramukh, the petitioner started discharging his duties as Pramukh in accordance with the mandate of law as well as statutory provisions. Some of the members of Panchayat Samiti having vested interest are hell bent to remove the petitioner from the post of Pramukh and accordingly, they conspired and sent a requisition dtd. 1/1/2024 purportedly signed by the members of Panchayat Samiti on vague and uncertain allegation in utter violation of Sec. 44 of Panchayat Raj Act. Learned Senior counsel for the petitioner further submits that the private respondents and others submitted a vague application on 1/1/2024 requiring for convening a meeting of Panchayat Samiti but the requisition/application does not contain the charges or the allegation in explicit, unambiguous and clear terms. A letter bearing No. 05 dtd. 2/1/2024 was issued under the signature ofthe Block Development officer, Chhaurahi, Begusarai whereby the Respondent No. 7 issued a notice requiring for convening a meeting is in violation of the provision of Sec. 44 of the Act. The notice does not contain the charges or the allegation in explicit, unambiguous and clear terms, the same shall be bad, illegal because the petitioner who faces no confidence motion could not reply the charges properly and vagueness of charges shall vitiate the notice as well as the resolution taken pursuant in the meeting.