RAKESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is aggrieved by the order dtd. 31/1/2024, passed by the District Magistrate, Sitamarhi in exercise of power under Sec. 157 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act 2006') allegedly without giving any finding on the nature of allegation and on this ground he has also challenged the consequential notice dtd. 5/2/2024 communicated by the Executive Officer, Bokhra Block Panchayat Samiti the schedule date of special meeting of 'No Confidence' to be held on 13/2/2024.

(3.) Learned counsel for the petitioner has informed, that the petitioner had earlier moved before this Court by filing CWJC No. 1432 of 2024 on the ground that the requisition does not contain clear and specific charges, however, and upon liberty sought by the petitioner to file application under Sec. 157 before the District Magistrate, Sitamarhi, who without giving his finding with regard to the allegation made against the petitioner in the requisition, has proceeded to pass order dtd. 31/1/2024 contained in Memo No. 250 dtd. 1/2/2024 directing the requisitionist and the Pramukh to proceed in accordance with Sec. 44(3)(vi) of the Act, 2006 holding that the charges against the UP-Pramukh (the petitioner) can be discussed in the special meeting in course of deliberation.